Can India adapt Australia's age gating to regulate social media usage by children?

Children's social media usage has always been a contentious issue, with concerns about online safety, mental health challenges, and exposure to age-inappropriate content.

- DR. ASWATHY PRAKASH G. & DR. ALISHA VERMA

Traditionally, this was seen as a problem for parents to address, with parental consent being enough for a child to access social media in many jurisdictions. However, Australia has now pioneered legislation forbidding individuals under sixteen from accessing major social media platforms, regardless of parental permission. For the past week, the world has been debating Australia’s social media ban for children under 16. While some have lauded this bold move, others have criticized the hurried passage of the bill without adequate deliberation. Set to take effect in 2025, the law aims to protect the mental and physical well-being of Australian adolescents through strict age restrictions on social media use.

In India, the Digital Personal Data Protection Act, 2023 (DPDP), requires social media companies to obtain verifiable parental consent to process any personal data of a child (defined as anyone below the age of 18). However, since the DPDP rules are yet to be notified, how such consent will be obtained remains unclear. In August 2024, the National Commission for Protection of Child Rights (NCPCR) proposed a KYCbased system for verifying children’s age under DPDP compliance. Against this backdrop, this article compares Australia’s outright ban with India’s position and considers whether India should adopt a similar approach, while also suggesting alternative measures.

AUSTRALIA'S AGE GATING ON SOCIAL MEDIA