Why in news
- The Supreme Court sought the Union Government's response on a PIL seeking a ban on minors using social media platforms.
- The petition argues that minors cannot legally execute user agreements required to open social media accounts.
Key terms
Void ab initio
A legal act or agreement that is considered to have had no legal effect from its inception.
Click-wrap Agreement
A digital contract where a user accepts terms and conditions by clicking a button or checking a box online.
Legal basis of the challenge
- Section 11 of the Indian Contract Act, 1872 mandates that every person is competent to contract provided they have attained the age of majority.
- Under established contract jurisprudence, agreements entered into by minors are void ab initio (Mohori Bibee v. Dharmodas Ghose, 1903).
- The petition contends that click-wrap agreements and Terms of Service accepted by minors to create social media accounts lack legal enforceability.
Regulatory framework and online safety
- The Digital Personal Data Protection Act, 2023 requires data fiduciaries to obtain verifiable parental consent before processing personal data of children.
- The petition seeks judicial intervention to enforce strict age verification mechanisms before allowing platform access to protect minors from online harms.
Why it matters
- Intersects fundamental rights under Article 21 (privacy and child protection) with private law principles of contract validity.
- Sets a precedent for enforceability of digital contracts and algorithmic accountability toward child safety.
Prelims facts
- Under the Indian Contract Act, 1872, agreements entered into by minors are void ab initio.
Mains discussion
- Legal feasibility of enforcing verifiable parental consent on digital platforms while balancing data privacy.
Source: LiveMint
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