The Madras High Court has suggested that the Union government explore enacting legislation similar to Australia’s recent law that bans children under 16 from using social media platforms like X, Facebook, Instagram, and TikTok. The recommendation came in the case S Vijayakumar v. Union of India, which dealt with the easy availability of pornographic content online.

A Bench comprising Justices G. Jayachandran and K.K. Ramakrishnan stated that until such a law is considered, authorities should step up awareness campaigns about the dangers of child pornography. The Court also urged the State and Central Commissions for Protection of Child Rights to develop and implement an effective action plan.

Under the new Australian law, social media companies must prevent children under 16 from creating accounts or face significant fines. The law targets platforms, not children or parents.

The petitioner had also sought directions for internet service providers (ISPs) to provide parental control tools or a “parental window” service. The Court observed that while some awareness campaigns are conducted in schools, they are insufficient.

Regarding ISPs, the Court noted that they are governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and take action to block objectionable websites when notified. However, child sexual abuse material (CSAM) continues to be accessible, and the Court emphasized the importance of parental control apps and awareness at the user level.

“Children are highly vulnerable, so parental responsibility is even higher. End users should be made aware of the dangers of child pornography and measures to prevent access,” the Court said.

Senior Advocate KPS Palanivel Rajan and Advocate K Prabakaran represented the petitioner, while several other lawyers represented various respondents.