Social Media Ban for Under-16 Users 

Why in News?

Andhra Pradesh as First Mover

• Andhra Pradesh became the first Indian State to constitute a ministerial committee to examine banning social media access for children below 16 years, citing rising child harm and international precedents.

Background and Rationale

Rising Child Vulnerability on Digital Platforms

• State authorities highlighted growing cases where children are victims or accused in crimes linked to social media exposure, including cyberbullying, grooming, misinformation, and behavioural risks.

International Precedents

• Australia recently legislated a nationwide ban on social media for children below 16, backed by strict age-verification mandates, prompting Indian policymakers to explore similar safeguards.

Andhra Pradesh Government’s Initiative

Constitution of Ministers’ Panel

• The Andhra Pradesh government has set up a high-level ministerial panel to:
  • Study global best practices
  • Analyse crime and child safety data
  • Examine legal, technological, and constitutional feasibility

Scope of the Study

• The panel will assess:
  • Cases involving minors as victims or offenders
  • Impact of digital platforms on mental health, behaviour, and crime
  • Administrative enforceability across districts

Legal and Constitutional Dimensions

Age Threshold and Rights Framework

• In India, a child is legally defined as a person below 18 years, raising questions on:
  • Compatibility of a below-16 ban with existing child rights laws
  • Balance between child protection and freedom of expression (Article 19)

Central–State Jurisdiction Issues

• Digital platforms are regulated under central laws such as:
  • Information Technology Act
  • Digital Personal Data Protection Act (2023)
• This limits States’ ability to independently enforce platform-level restrictions.

Technology and Enforcement Challenges

Age Verification Complexity

• Effective enforcement would require robust age-verification systems, raising concerns about:
  • Privacy intrusions
  • Data collection risks
  • Exclusion errors and false positives

Platform Compliance Issues

• Social media companies often lack India-specific age authentication mechanisms, making compliance dependent on Central Government coordination and regulatory backing.

Comparison with the Australian Model

Features of Australia’s Approach

• Australia’s ban is supported by:
  • Mandatory platform responsibility for age checks
  • Heavy penalties for non-compliance
  • Centralised enforcement architecture

Limits of Policy Transfer

• India’s larger population, digital divide, informal device sharing, and weaker age-document penetration complicate direct replication of the Australian model.

Child Protection vs Digital Inclusion

Arguments Supporting the Ban

• Protects children from:
  • Harmful content and online exploitation
  • Psychological stress and addiction
  • Premature exposure to misinformation and hate speech

Arguments Against a Blanket Ban

• Risks:
  • Digital exclusion and loss of learning opportunities
  • Pushing children to unregulated or underground platforms
  • Over-reliance on prohibition rather than digital literacy

Policy Coherence with Existing Laws

Digital Personal Data Protection Act, 2023

• The Act requires verifiable parental consent for processing children’s data but does not mandate a social media ban, creating regulatory overlap and ambiguity.

Child Protection Frameworks

• Existing laws focus on:
  • Harm prevention
  • Parental oversight
  • Platform accountability
    rather than outright prohibition.

Governance and Federalism Concerns

State-Level Innovation vs National Uniformity

• Andhra Pradesh’s move reflects policy experimentation, but fragmented State-level bans could create:
  • Regulatory inconsistency
  • Compliance confusion for platforms
  • Enforcement gaps across State borders

Need for Central Policy Direction

• Any effective restriction would likely require:
  • Central legislation or rules under IT Act
  • Uniform national standards
  • Clear allocation of regulatory responsibility

Way Forward

Graduated Regulatory Approach

• Instead of blanket bans:
  • Age-appropriate access tiers
  • Strong parental control tools
  • Algorithmic safeguards for minors

Strengthening Digital Literacy

• Invest in:
  • School-based digital safety education
  • Parental awareness programmes
  • Child-friendly grievance redress mechanisms

Core Takeaway

Protection Without Overreach

• Andhra Pradesh’s initiative highlights a genuine child safety concern, but effective regulation must balance protection, constitutional rights, technological feasibility, and cooperative federalism, rather than rely solely on prohibition.

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