Parental Consent for Social Media Accounts for U-18 Kids: Right Step Forward

New Delhi: In an age where children as young as eight are creating online personas, the Indian government’s proposal to mandate verifiable parental consent for children under 18 to open social media accounts is both timely and necessary. The draft Digital Personal Data Protection (DPDP) Act, now open for public consultation, marks a significant milestone in balancing innovation with digital safety. While the intent is commendable, successful implementation will require navigating complex challenges.

The inclusion of parental consent requirements aims to address growing concerns over the privacy and safety of minors. Children, especially teenagers, are particularly vulnerable to online exploitation, cyberbullying, and invasive data harvesting practices. Requiring platforms like Facebook, Instagram, and others to obtain verifiable parental consent places the responsibility of gatekeeping firmly on both tech companies and families. This measure has the potential to foster a safer online ecosystem, but its practicality warrants careful scrutiny.

Challenges in Enforcing Parental Control

Despite the strong legislative intent, implementing parental consent mechanisms effectively presents formidable obstacles. India’s diverse socio-economic landscape includes a significant proportion of digitally inexperienced parents who may lack the knowledge to navigate complex verification processes. Tarun Pathak, Research Director at Counterpoint, speaking to a private news channel emphasizes that parental control mechanisms might only be feasible for 20% of households where digital literacy is advanced. “While the intent is good, enforcement needs refinement. Kids are adept at bypassing rules, and the challenge lies in ensuring robust systems that cannot be easily circumvented,” he notes.

The law requires data fiduciaries to adopt technical and organizational measures to verify parental consent. This could involve using government-issued IDs or digital identity tokens. However, critics like Faisal Kawoosa, founder of Techarc, caution that children’s ability to manipulate technology often outpaces parental controls. “We must ensure consent mechanisms are foolproof; otherwise, anonymous accounts and VPN usage will undermine these safeguards,” he warns.

Global Trends and the Indian Context

India’s move mirrors global conversations around children’s online privacy. Australia’s recent decision to restrict social media for those under 16 has reignited debates worldwide. The Indian draft rules now push the boundaries further by extending protections to all minors below 18. While some applaud this comprehensive approach, others argue that it may be overly restrictive, stifling teenagers’ autonomy and access to digital learning opportunities.

Speaking to Times Now, Prabhu Ram of CyberMedia Research underscores the urgency of addressing smartphone addiction among children. He points to the rising mental health risks associated with doomscrolling and social media pressures. “Policy intervention is crucial to mitigate these risks. Requiring verified parental consent is a step in the right direction, but the challenge remains in execution,” he remarks.

Stronger Data Protection and Consumer Rights

The DPDP Act goes beyond child safety, incorporating broader data protection measures for all users. E-commerce platforms, social media intermediaries, and online gaming entities will be required to delete personal data three years after it is no longer needed unless users opt to retain it. The Act also mandates prompt notification of data breaches, empowering users to take protective action.

Data fiduciaries are now tasked with ensuring algorithmic transparency and conducting regular data protection impact assessments. These obligations signal a paradigm shift toward greater accountability for tech giants, aligning India with global data privacy standards.

A Balancing Act for Businesses and Innovation

For businesses, compliance with the DPDP Act will involve substantial investments in technology and process reengineering. Significant Data Fiduciaries—those handling large volumes of user data—face heightened responsibilities, including algorithm audits and strict data localization requirements. Industry experts foresee challenges in managing consent artifacts and adapting system architectures.

The draft rules represent a vital step in operationalizing the Digital Personal Data Protection Act, first envisioned by the AP Shah Committee in 2011 and realized after multiple iterations. With public consultations open until February 18, 2025, stakeholders have a critical window to influence the final framework. Shahana Chatterji of Shardul Amarchand Mangaldas & Co. stresses the importance of operational clarity and practical regulatory guidance for balanced implementation.

While opinions vary, the consensus is clear: the DPDP Act addresses pressing issues of digital privacy and data security. By focusing on safeguarding children’s data and enhancing user rights, India sets a strong precedent for responsible digital governance. However, the success of these initiatives will hinge on inclusive implementation strategies that account for the country’s diverse technological landscape and digital literacy levels.