DPDP Rules: No Social Media For Under 18s Without Parental Approval

Children today spend more time online than ever before. While social media platforms like TikTok, Instagram, and Facebook require users to be at least 13 years old, many younger kids still access content with or without parental consent. All they need to do is enter a false birthdate바카라�72 years of age instead of 7바카라�and they're in. Only a few, if any, social media sites use age verification tools.

To address this issue, the government has proposed new draft rules for the Digital Personal Data Protection Rules, 2025. The rules, released on January 3, require children under 18 to obtain parental consent before creating social media accounts. The adult can be either a parent or a legal guardian, the draft rules say. 

Besides social media platforms, the rules will also apply to e-commerce websites and gaming platforms.

The draft rules come 14 months after Parliament approved the Digital Data Protection Bill 2023, which prohibits platforms from processing the data of individuals under 18 without adult approval. Public feedback on the draft rules can be submitted on  until February 18, 2025.

Of note, the proposed rules released on Friday do not mention penalties under the Act, which otherwise allows for monetary fines of up to Rs 250 crore.

Are We Sure Who's A Parent?

To verify parental consent, the draft proposes two methods. In case a child wants to create an account on a platform that the parent already uses, the latter can ask the platform to rely on the age and identity information they have already provided the platform. When the parent is not a platform user, platforms may verify the parent바카라�s age and identity through a legally authorised entity or government body.

While the rules provide methods for platforms to establish the age and identity of adults, many details still remain unclear. 바카라�There is a chance that someone could falsely claim to be a parent and create a child바카라�s account,바카라� says Kamesh Shekar, Senior Programme Manager at the think tank, The Dialogue.

He adds, 바카라�It is challenging to implement age verification and identity management in the digital setup, as it is difficult to ascertain whether a user is a child and the corresponding adult is an actual parent or lawful guardian.바카라�

Since platforms bear the responsibility of preventing children from bypassing these safeguards, Shekar notes that they may eventually need to verify the age of all users. 바카라�Therefore, there is less room for individuals to operate anonymously, as anyone using digital services goes through an age-gating mandate.바카라�  

Experts Raise Concerns

Critics argue that the new rules may not be effective in keeping children from accessing social media without parental consent. They say that 'defiant' children may still find ways to bypass the system, and that the restrictions may infringe upon the rights of older teenagers.

Adv. Sneha Singh, a criminal and child rights lawyer, says: 바카라�It바카라�s crucial to educate children at school and community levels alongside parents, rather than stripping them of their agency, which could lead to increased curiosity and unsafe exploration of the online space. More deterrence often results in more unethical exposure to children.바카라�

She adds, 바카라�We can바카라�t curtail social media access for children since it also provides a platform for those in remote parts of the country, unlike the facilities available in metro cities. These platforms offer a ray of hope for such children, and enable them to demand equity with children from cities and elsewhere in the world.바카라�

India currently has 398 million young social media users. A 2023 study by the Internet and Mobile Association of India (IAMAI) found that teenagers spend over 2바카라�3 hours daily on platforms such as Instagram and YouTube.

The increase in online activity has also increased the risks posed to its users. Social media platforms enable anyone to post and share videos, pictures, or ideas, exposing children to potentially harmful content, including sexual or violent material. It has never been easier for child sex offenders to contact their potential victims, share imagery, and encourage others to commit offences. There바카라�s bullying, harassment, the risk of developing eating disorders, suicidal thoughts, or worse. 

For years, parents, educators, and tech experts have pushed for delaying children바카라�s access to phones and social media until they are older.

Worldwide Laws To Protect Children Online

In India, the new rules on social media accounts are part of a larger global push to protect children online. They come about a month after Australia바카라�s Parliament passed a law on November 28, 2024, banning children under the age of 16 from using social media, one of the strictest regulations targeting the platforms in the world. As per the legislation, social media companies are liable for fines up to 50 million Australian dollars (Rs 275 crore approx.) if they fail to prevent children under the age of 16 from holding accounts on their platforms. Before the vote in parliament, Prime Minister Anthony Albanese said that he wanted young Australians 바카라�off their phones and onto the footy and cricket field, the tennis and netball courts, in the swimming pool바카라�.

Many other countries have also implemented laws to protect children online. The Children바카라�s Online Privacy Protection Act (COPPA) in the U.S. and the General Data Protection Regulation (GDPR) in the EU require parental or guardian consent before companies collect personal data from children. COPPA applies to children under 13 in the U.S., while GDPR applies to those aged 13바카라�16 (depending upon the country) in the EU.

In 2023, France passed a law requiring social media platforms to obtain parental consent for minors under 15 to create accounts. A panel commissioned by President Emmanuel Macron in April 2024 proposed even stricter measures, including banning cellphones for children under 11 and internet-enabled phones for those under 13. 

China has also introduced strict regulations on children바카라�s smartphone use. In 2023, the Cyberspace Administration of China (CAC) proposed rules limiting children under 18 to a maximum of two hours of smartphone use per day. Children under 8 are restricted to 40 minutes daily, while those aged 8바카라�16 are allowed up to one hour. Teenagers aged 16바카라�17 can use smartphones for a maximum of two hours per day. According to the draft regulations, handsets should not provide any services to children between 10 p.m. and 6 a.m. the following day.

It is relevant to mention that platforms like Facebook, Twitter, and Instagram are blocked in China, and the government monitors and censors domestic social media like WeChat and Weibo.