Chennai: The Madras High Court has suggested that the Union government examine the possibility of introducing legislation similar to Australia’s recent law that prohibits children below the age of 16 from using social media platforms such as X, Facebook, Instagram and TikTok. The observation was made while hearing a petition highlighting the easy accessibility of pornographic content on the internet.
A Bench comprising Justices G. Jayachandran and K.K. Ramakrishnan made the remarks in the case S Vijayakumar v. Union of India. The court said that until such a law is enacted, authorities must intensify awareness campaigns on the dangers of child pornography. It also directed the State and Central Commissions for Protection of Child Rights to prepare and implement a concrete action plan to address the issue.
Referring to the Australian legislation, the Bench noted that the law places responsibility on social media companies to prevent users under 16 from creating accounts, with heavy penalties for non-compliance. The restriction applies to platforms, not to children or their parents.
The petitioner had sought directions to internet service providers to offer parental control tools or a dedicated “parental window” facility. While acknowledging that some awareness programmes are conducted in schools, the court observed that these efforts remain inadequate in view of the growing digital exposure of children.
The Bench further noted that internet service providers are governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under which objectionable websites are blocked when reported. However, the continued availability of child sexual abuse material online remains a serious concern. The court stressed that parental control applications and user-level awareness are crucial safeguards.
Highlighting the vulnerability of children in the digital space, the court said parental responsibility becomes even more critical. It added that end users must be educated about the risks of child pornography and the measures available to prevent access.
The petitioner was represented by senior advocate KPS Palanivel Rajan and advocate K Prabakaran, while various respondents were represented by other counsel.
