Australia’s Trailblazing Move: Social Media Ban For Children Under 16—Should India Follow?

Australia’s Trailblazing Move: Social Media Ban For Children Under 16—Should India Follow?

In an unprecedented move, Australia has become the first country to impose a ban on social media for children under the age of 16. This bold decision comes as the government seeks to protect its youth from the dangers of digital platforms, including the harmful effects of cyberbullying, mental health issues, and exposure to inappropriate content. The onus for enforcing this ban will fall on the tech giants themselves, holding companies like Facebook, Instagram, and TikTok accountable for verifying users' ages and limiting access for younger audiences.

But as the global conversation around online safety intensifies, a pressing question arises: Should India consider taking a similar step?

A DIGITAL DILEMMA: THE CASE FOR REGULATION IN INDIA

India, home to one of the largest populations of digital natives, faces unique challenges when it comes to protecting its children in the online space. Social media has become an integral part of life for millions of young people, but with this convenience comes an undeniable risk. The question India must grapple with is how to create a legal framework that balances the need for protection with the freedom to innovate and express oneself.

THE LEGAL LANDSCAPE: WHAT NEEDS TO CHANGE?

If India were to adopt similar measures, it would require significant changes to the current digital and privacy laws. Areas of concern would include:

  1. Data Protection: India’s growing digital ecosystem presents a pressing need to strengthen its Personal Data Protection Bill, which is still under review. Strict regulations would be needed to ensure that minors' data is not exploited by social media companies for profit. Platforms would have to introduce more robust age-verification processes to guarantee that only eligible users gain access to their services.
  2. Content Moderation & Accountability: Under current laws, platforms are shielded from legal liability for user-generated content. However, a shift towards restricting social media access for minors would likely require new policies for content regulation. Platforms would be legally obliged to ensure that harmful or inappropriate content is effectively monitored, creating a more accountable online environment.
  3. Intellectual Property (IP) Rights: Social media platforms are essential tools for content creators, many of whom are young entrepreneurs. In India, where the creator economy is growing rapidly, the implementation of an age restriction would need to ensure that young creators can still protect and monetize their intellectual property. Legal frameworks would need to support these creators by ensuring their rights are upheld, even if they can no longer access platforms like Instagram or YouTube.

PROTECTING CHILDREN WITHOUT STFLING INNOVATION

On the other hand, social media provides an unparalleled opportunity for young individuals to engage in creative endeavors, promote businesses, and reach global audiences. Platforms like Instagram and TikTok are not just avenues for entertainment—they are critical tools for young innovators and entrepreneurs, many of whom rely on them for exposure, networking, and business growth.

A blanket ban on social media for children under 16 could significantly hamper the growth of the Indian startup ecosystem and digital entrepreneurship. It would limit the access young people have to potential markets, collaborators, and funding opportunities. Therefore, any regulatory measures should consider the need to protect digital creators, ensuring they can still operate in a safe and legal environment.

A BALANCED APPROACH:

While Australia’s decision is a significant step, India must carefully consider its own path forward. A blanket ban may not be the best solution. Instead, India could focus on developing a comprehensive framework that addresses:

  1. Enhanced Online Safety for Children: Instead of a full ban, India could introduce stricter guidelines on content filtering and age verification to ensure that harmful content does not reach minors. This approach would offer a layer of protection without completely removing children’s access to valuable online resources.
  2. Supporting Young Creators: The Indian government could work with tech companies to implement policies that allow young creators to continue sharing their work and building their brands, while also protecting their privacy and intellectual property. This could involve more comprehensive age-specific IP protection and the development of platforms that are specifically designed for young creators.
  3. Corporate Responsibility: Social media companies would be held accountable not just for what content is shared, but for ensuring that their platforms are a safe space for all users, including minors. Stronger partnerships between tech companies, regulators, and law enforcement agencies could lead to safer, more responsible digital spaces.

IS INDIA READY FOR CHANGE?

As India continues to see rapid growth in its digital landscape, the question remains: Should the country follow Australia’s example and impose a ban on social media for children under 16? The answer isn’t simple. India must navigate the fine line between protecting its young citizens and fostering an environment where creativity and innovation can thrive.

This issue goes beyond just the legalities—it’s about ensuring a future where children can enjoy the benefits of technology without falling victim to its dangers. It’s a conversation that requires careful thought, consultation, and collaboration between lawmakers, tech companies, and digital experts.

What do you think? Should India take a bold step and regulate social media access for minors? Or is there a better solution to safeguarding young minds in this ever-connected world? Please lets us know your opinion in the form of comments.

Ankur Veerbhan

Registered Patent Agent - IN/PA 5557 || COO at Aumirah

4w

Good insight

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