Context
Recently, the state governments of Karnataka and Andhra Pradesh have proposed significant legislative measures to ban or strictly restrict the use of social media for children. While presenting the State Budget for 2026-27, Karnataka Chief Minister Siddaramaiah announced a proposed ban on social media for children under the age of 16 to curb digital addiction and protect mental health.
Simultaneously, Andhra Pradesh Chief Minister N. Chandrababu Naidu stated that his government is working to implement a similar restriction for children below 13 years of age within 90 days, while also deliberating on extending the policy to the 13-16 age group.
Key Highlights of the Proposal
1. State-Specific Provisions
- Karnataka: The proposal was introduced in the 2026-27 Budget. It targets children below 16 years, citing concerns over “excessive screen time,” “eye fatigue,” and “academic decline.”
- Andhra Pradesh: The state plans to enforce a ban for those below 13 years within 90 days. A Group of Ministers (GoM) led by Nara Lokesh is currently studying the technical feasibility and international models.
2. Major Objectives
- Mental Health: Combatting rising cases of anxiety, depression, and body image issues among adolescents.
- Safety: Protecting minors from cyberbullying, online grooming, and exposure to age-inappropriate content.
- Digital Literacy: Encouraging physical activities and reading habits through campaigns like Karnataka’s ‘Mobile Bidi, Pustaka Hidi’ (Leave the phone, pick a book).
3. Global Trends
The moves by Indian states align with a growing global “Age-Gate” movement:
- Australia: Passed a landmark law in late 2025 banning social media for anyone under 16.
- France: Introduced a “digital puberty” age of 15, requiring parental consent for social media.
- Spain: Mandated age verification for minors under 16.
4. Legal and Constitutional Challenges
- Jurisdictional Issue: Under the Seventh Schedule of the Indian Constitution, “Communication” and “Information Technology” (Intermediaries) fall under the Union List. Critics argue that states may lack the legislative competence to mandate platform-level blocks.
- Fundamental Rights: The ban may be challenged under Article 19(1)(a) (Freedom of Speech and Expression), as even minors possess certain rights to access information, subject to “reasonable restrictions.”
- Digital Personal Data Protection (DPDP) Act, 2023: This central law already defines a “child” as someone under 18 and mandates verifiable parental consent before processing their data.
- Implementation Hurdles: Difficulties in “Age Verification” without infringing on the Right to Privacy (K.S. Puttaswamy judgment).
Q. Consider the following statements regarding the regulation of social media for minors in India:
1. Karnataka is the first Indian state to propose a social media ban for children under 16 years in its official budget.
2. Under the Digital Personal Data Protection (DPDP) Act, 2023, a child is defined as any individual who has not completed 16 years of age.
3. The power to regulate "Information Technology and Intermediaries" lies exclusively with the State Governments under the Seventh Schedule.
How many of the statements given above are correct?
A) Only one
B) Only two
C) All three
D) None
Solution: A (Only one)
• STATEMENT 1 IS CORRECT: Karnataka became the first state to formally include a proposal to ban social media for children under 16 in its 2026-27 State Budget.
• STATEMENT 2 IS INCORRECT: Under the Digital Personal Data Protection Act, 2023, a "child" is defined as an individual who has not completed 18 years of age, not 16.
• STATEMENT 3 IS INCORRECT: Regulation of digital intermediaries and information technology falls under the Union List (Entry 31 - Post and Telegraphs, Telephones, Wireless, Broadcasting, and other like forms of communication) of the Seventh Schedule, giving the Central Government primary authority.
