Minimum Age to Use Social Networks in India

Nitish ChandanLaw4 Comments

Minimum Age to Use Social Networks in India

Inspiration for this work comes from the nation’s one of of the best cyber crime experts and guide, Mr. Rakshit Tandon. It was actually under his guidance that the original excerpt of this post was written. He is by far one of the most popular faces of cyber awareness and the fight against cyber crime in India.

It is clear that India is no longer bound by states virtually. We strive to be more united and connected virtually to the people in our lives. Social media websites have turned out to be one of the ‘coolest’ places for kids and means of socializing for their busy parents. But where are we actually taking this virtual life of ours. Are the kids of this India headed in the right direction? Are they safe? Are they surfing the way they should?

The primitive social networking would be Orkut and Facebook and those browsers based scenarios, now the world is going Whatsapp, Snapchat and lulu and what not and so is the new India. Social networking has encouraged new ways to communicate and share information.

For the statistics on Internet usage in India, see here.

Relationships going online reduce the capacity of the children to understand the pros and cons of the real world. Individualism by the social networking is creating a new style of life, a style where individuals come first. Individualism restrains the habit of understanding and accepting the relationship. With the increase in the uncensored use of social networking, kids are vulnerable to online fraud and aggressive marketing techniques as well. So there must be an age, like for marrying is, like for being a laborer, the age that is right?

What age is right for a child to expose himself to so much of the web? For other nations it is an easy policy of 13 years or so. In India, we have different situations.

The legal framework of India does not allow anyone under the age of 18 years to join any social network, and for some reasons it is a matter of great pride for kids to join these networks creating profiles with fake ages.

In India however, why the age as suggested by Facebook is also not applicable is a rather strange issue. The number of definitions to who a child is, are varied, IPC says something, Child Marriage and Restraint Act says something and so on. But going by the pure nature of this existence as legal, we have to look into the Indian Contract Act, 1872 and the Indian Majority Act which clearly specify the age bar of 18 years. So does that mean, all the I agree, Yes please buttons that we have clicked our childhood mean nothing? From the legal front here, this is a very clumsy issue. No cases have surfaced that talk about this issue so the stand of Indian Legal System is a little shaky on this one. This is a question out in the open and a matter of concern which many people in India, many visionaries have taken up for discussion.

The Delhi High Court in 2013 asked the Union government to explain how it was allowing children below 18 years to open accounts in social networking sites such as Facebook and Google.

A Division Bench of Justices B.D. Ahmed and Vibhu Bakhru asked the Centre to respond within 10 days when counsel for the former BJP leader, K.N. Govindacharya, the petitioner in the matter, accused the two sites of not verifying the details of its subscribers. It posted the matter for further hearing.

The Bench also impleaded Facebook Inc. and Google Inc. as parties to the petition and issued notices to them. Their Indian subsidiaries had responded to the petition.

Earlier, lawyer Virag Gupta, arguing for the petitioner, said the agreements entered into by minors here with the sites were against the Indian Majority Act, the Indian Contract Act and the Information Technology Act. In June 2012, Facebook, in a statement filed before the U.S. Securities and Exchange Commission, said that more than eight crore of its registered users had given false identities.

Cyber law experts say that there may be merit in the petition, as misrepresentation can invite penal action. “Creating a false electronic record is an offence under the Information Technology Act and the Indian Penal Code. Under Section 465, the offence would attract punishment up to two years’ imprisonment and if the account so opened is used for the purpose of cheating, it would be punishable with a maximum of seven years’ imprisonment”.

Children “openly lying about their age to create accounts on these websites” were likely to face potential legal exposure” and even parents “who knowingly misrepresent information about their children while opening accounts in their names,” could be prosecuted under the IPC and the IT Act. “Ignorance of law is no excuse”.[1]

[1] http://www.thehindu.com/search/advanced.do;jsessionid=3F901B91883E814EF01DA4F0AAF4A11F.route03

What needs to be done?

 

It is inevitable to not make note of the infamous European Council agreement that happened a couple of years ago. At London, including Facebook, Google, Yahoo and Microsoft, a total of 17 web firms signed up for the first European agreement to help protect children from harm when using social networking sites. The first every Social Networking task force was set up to fight the major threats that they observed in Europe and came out with this agreement. The social networks agreed that they would provide an easy to use and accessible ‘report abuse’ button, make sure that the full online profiles and contact lists of website users who are registered as under 18’s are set to ‘private’ by default, and prevent under-age users from using their services and many other such clauses.[1]

If Europe can take such innovative measures in their system, when they do not even have as many users as India does, can’t the Indian legislation begin with strengthening itself to support kids in a legal framework on these social platforms?.

[1] http://europa.eu/rapid/press-release_IP-09-232_en.htm

  • Lay down a provision for usage of social media by kids above 13 years of age.
  • Problem is, kids lie to their parents or hide about stuff because they feel their parents will bar them from using social networks or shut off their internet.
  • Can fill the bridge between parents and children.
  • Indian Government Should get into agreements with social networks for reforms
  • Panic button, under 18 be non searchable, content limitation.
  • Show applicability of law to children also so that they can fear an action they do.
Minimum age to use Social networks

Minimum age to use Social networks

 

 

 

 

4 Comments on “Minimum Age to Use Social Networks in India”

  1. I feel it should be raised to 21 सावन because the contents of the chats are more of prone.

  2. If this is wrong that 18 years old below child using social media so u can close their IDs and other accounts on social sides and the fake ids that had been created by teenagers may compulsory to proof that his/her age is above 18 or 18 .

    1. Hi Malika,

      When a user signs up on a particular social media platform, he/she basically enters into a contract when the button specifying acceptance of Terms and Conditions is pressed. As per the Indian laws, the minimum age to enter into a contract is 18 years.

      With the poor implementation of Indian Laws, the age specified by the respective social media platforms is preferred.

      To control the menace of fake IDs, the solution of social media platforms requiring a government-issued ID card is often discussed.

      Thanks,
      Raj P

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