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Madras High Court suggests Australia-like ban on Instagram, Facebook, Snapchat for children under 16
The Madras High Court has suggested Centre to explore the possibility of drafting legislation similar to that adopted by Australia which recently banned social media platforms for children under the age of 16. The court was hearing a petition which raised concerns how the pornographic content are available and easily accessible to children. Australia has become the first and the only country to ban Facebook, Instagram, Snapchat, Threads, TikTok, X, YouTube, Reddit and streaming platforms Kick and Twitch for teens.
The Centre may explore the possibility of passing legislation like Australia which prohibits the use of social media for children who are below the age of 16, the Madras High Court has suggested, according to a Times of India report. The judges further said till the time legislation is passed, the concerned authorities shall ramp up their awareness campaign more effectively. The suggestion by the Madras HC came in the backdrop of a Public Interest Litigation filed in 2018 which expressed concern that pornographic content is available and children can easily access it.
A division bench comprising Justice G Jayachandran and Justice K K Ramakrishnan made the observations recently while passing orders on a PIL that sought directions to internet service providers (ISPs) to offer parental window services, citing the easy availability and accessibility of pornographic content to young children. The judges acknowledged the high vulnerability of children exposed to the internet while emphasising that the responsibility of parents in safeguarding them is more.
“Centre may explore the possibility of passing legislation like Australia. Till such legislation is passed, the authorities concerned shall accelerate their awareness campaign more effectively, they shall take the message to the vulnerable group through all available media,” the judges said, according to TOI.
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What does the PIL state?
Filed in 2018 by S Vijayakumar of Madurai, the PIL raised concerns over the easy availability and accessibility of pornographic content to young children. S Vijayakumar urged the National Commission for Protection of Child Rights and the Tamil Nadu Commission for Protection of Child Rights to exercise their statutory powers to direct the internet service providers (ISPs) to implement a parental window system and generate more awareness.Appearing for the petitioner, senior counsel drew attention to recent legislation passed by the Australian government restricting internet use by children below 16 years of age, and suggested that the Centre could consider enacting similar laws. The judges accepted the submissions and observed that the counter-affidavits filed by the concerned authorities had failed to convince the court that they were adequately discharging their responsibilities as mandated under the Act.
“The commission has a statutory duty and responsibility to spread child right literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights. Though certain awareness campaigns are organised focusing on children at schools, the same is not adequate,” the judges said.
“The court understands that the URLs containing online child sexual abuse material are available and active. However, there must also be control at the user-end which can be achieved only if there is a parent control app available in the device. Compulsorily for the said purpose, the end-users should be made aware about the menace of child pornography and measures to prevent it. Ultimately, it is the individual's choice and right to access such obnoxious material or to avoid it,” the judges said. “We hope that the commissions both at Centre and state will draw an action plan in this aspect and implement the same in letter and spirit,” they said, disposing of the PIL.
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As far as internet service providers are concerned, the judges noted that they are governed by a separate legal framework. Counsel appearing for some ISPs submitted that intermediaries periodically review the situation and, in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, take necessary action whenever objectionable websites are brought to their notice. Such websites are blocked as required, the bench pointed out.
Australia bans social media for teens
Children who are below the age of 16 in Australia are now banned from using major social media services including Tiktok, X, Facebook, Instagram, YouTube, Snapchat and Threads. They cannot set up new accounts and existing profiles are being deactivated. The Australian government says it will reduce the negative impact of social media's "design features that encourage [young people] to spend more time on screens, while also serving up content that can harm their health and wellbeing". In Australia, Facebook, Instagram, Snapchat, Threads, TikTok, X, YouTube, Reddit and streaming platforms Kick and Twitch are banned for teens.ALSO READ: Video: Lord Vishnu statue demolished in Cambodia by Thailand in An Ses area, India says 'such disrespect acts...'
A study done in 2025 found that around 96 percent of children between the age of 10 and 15 use social media and that seven out of ten of them had been exposed to harmful content, reports BBC. This included misogynistic and violent material as well as content promoting eating disorders and suicide.
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