·The Hindu·15 marks·250–350 wordsPolityS&TIR

A blanket ban on social media for under-16s addresses symptoms rather than causes. Critically examine this view in the context of the global regulatory wave and India's existing legal framework.

In this answer
  1. Merit in the view: bans treat symptoms
  2. Where the view is overstated

The 2025–26 regulatory wave — Australia's under-16 ban in force from December 2025 [2], followed by Indonesia and Malaysia — regulates the user rather than the risk-creator. The UN's rebuttal that platforms must be "safe by design" [3] makes the view largely persuasive, though not wholly.

Merit in the view: bans treat symptoms

  • Harm lies in design, not access. The UN human rights office (May 2026) attributes child harm to deliberate commercial choices — infinite scroll, autoplay, persistent notifications — and issued a 10-point safe-by-design framework [3].
  • Evidence is heterogeneous. No uniform correspondence exists between social media use and harm; vulnerability varies by gender, income, disability and digital literacy — a single age line assumes a uniform risk profile.
  • Enforcement is circumventable. The UN warns bans are easily bypassed and push children toward less-monitored spaces [3]; VPNs and parental accounts make compliance performative.
  • Age assurance creates new harm. Document or facial-estimation checks collide with data minimisation and risk exclusion, while Article 19(1)(a) and children's UNCRC participation rights are curtailed.

Where the view is overstated

  • Australia's Act places the onus on platforms, not children or parents, backed by penalties up to AUD 49.5 million — a cause-side duty in ban form [2].
  • The US Kids Off Social Media Act (S.278) pairs an under-13 account bar with restrictions on algorithmic recommendation for under-17s, showing bans and design regulation converging [4].
  • Where regulators lack capacity, an age floor raises the default protection immediately.

India's position The DPDP Act, 2023 already regulates causes: child defined as under 18, verifiable parental consent, and a bar on tracking and targeted advertising to children [1]. Gaps persist — no statutory duty of care, algorithmic transparency mandate, or dark-pattern prohibition; and as digital regulation is a Union subject, State-level bans are constitutionally fragile.

India should therefore deepen platform-side obligations under the DPDP architecture — child rights impact assessments, default-safe settings, algorithmic accountability — rather than import a blanket ban. Regulating the risk-creator, not the child, best reconciles Article 21 protection with the child's right to participate in digital life.

Sources

  1. 1The Digital Personal Data Protection Act, 2023 — MeitYchild as under-18, verifiable parental consent, bar on tracking/targeted advertising
  2. 2Online Safety Amendment (Social Media Minimum Age) Act 2024 — Federal Register of Legislation, Australiaunder-16 ban, onus on platforms, AUD 49.5 mn penalty
  3. 3UN News, "Banning children from social media is not the answer, UN warns" (May 2026)addictive design as cause, circumvention risk, safe-by-design framework
  4. 4S.278 — Kids Off Social Media Act, 119th Congress, Congress.govunder-13 account bar plus algorithmic recommendation restriction for under-17s
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