Madras HC Suggests Centre To Bring In Law Like Australia Where Children Below 16 Are Banned From Accessing Social Media
The Madurai bench of the Madras High Court made the observation while hearing a PIL filed by S. Vijayakumar.
Published : December 26, 2025 at 4:40 PM IST
|Updated : December 26, 2025 at 5:21 PM IST
Madurai: The Madurai bench of the Madras High Court has urged the Union Government to bring a law like the one in Australia, where children below 16 years of age are banned from accessing social media. A division bench comprising Justices G. Jayachandran and K.K. Ramakrishnan disposed of a Public Interest Litigation (PIL) filed by S. Vijayakumar after making strong observations.
The plea by Vijayakumar contended, "Pornographic videos are freely circulating on the internet. There is a situation where anyone can watch such pornographic videos. Due to this, the future of boys and girls will be ruined. Therefore, the Secretary of the Union Ministry of Information and Broadcasting, the Secretary of the Home Department, the Member Secretaries of the National and Tamil Nadu Child Rights Protection Commissions, the Secretary of the Internet Services Providers Association, etc. should be ordered to use 'software' to block such pornographic videos as per the National Child Protection Act."
During the hearing, arguments were also made by the Centre and the Tamil Nadu government.
The Madras High Court in its order said, "Writ petitioner, concerned with the pornographic content available in virtual source and easily accessible to young children, has filed a PIL for issuance of a Writ of Mandamus to the Member Secretary, National Commission for Protection of Child Rights and Tamil Nadu Commission for Protection of Child Rights, to invoke their power vested under Section 13(1)(c) and (j) of 'the National Commission for Protection of Child Rights Act, 2005' and direct the Internet Service Providing [ISP] companies to provide 'Parental Window' service as stipulated by communication of the first respondent namely Union of India."
The judges further observed, "In view of the proportion of pornographic contents easily available to children, Mandamus is sought to be issued to the authorities to implement the direction of the Union of India to the Internet Service Providing companies for providing 'Parental Window' service and also to create awareness among the children by the authorities."
It said that counter-affidavits have been filed by the respective respondents. "However, they are not impressive to convince this Court that the respondents are discharging adequately their responsibilities as mandated under Sections 13 & 14 of the Act," it said.
The High Court further stated that the Commission has a statutory duty and responsibility to spread child right literacy among various sections of Society and promote awareness of the safeguards available for the protection of these rights. "No doubt, certain awareness campaigns go around focusing children at schools. However, the said campaign is not adequate. Publications, media, seminars and other available means are not fully," it observed.
The High Court described the issue as a serious one for children. "We find, when a similar situation came before the Supreme Court in the case of Just Rights For Children Alliance and Another Vs. S.Harish and others reported in 2024 SCC Online SC 2611, the Supreme Court has formulated suggestions to the Union of India and other stakeholders, in respect of the rights of POCSO victims. As far as Internet Service Providers [ISP] are concerned, they are governed by separate statute and the Counsel appearing for some of the ISPs submits that periodically the intermediaries review the situation and pursuant to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, necessary actions taken and whenever it is brought to the notice of the concerned ISP regarding objectionable websites, the said websites are blocked," it said.
The court further said that the learned Senior Counsel appearing for the petitioner emphasises that awareness to the stakeholders and parental windows in the device will substantially control the menace of obnoxious pornographic material accessible to the children.
"Also referring a recent legislation passed by the Australian Government prohibiting the use of internet by children below the age of 16, the Union of India may also pass similar legislation," it said.
"From the submissions made by the learned Counsels as well as the order passed by the Union of India dated 18.04.2017, we understand that a dynamically updated website – URLs containing online CSAM are available and active. However, there must also be control at the user end, which can be achieved only if there is a parent control app available in the device," it noted.
The High Court further said, "Compulsorily for the said purpose, the end users should be made aware about the menace of child pornography and measures to prevent it. Ultimately, it is the individual choice and right to access such obnoxious material or to avoid it. As far as children are concerned, the vulnerability is high, so the parents' responsibility is higher. As suggested by the learned Counsel for the writ petitioner, the Union of India may explore the possibility of passing legislation like Australia. Till such legislation is passed, the authorities concerned shall accelerate their awareness campaign more effectively, they shall take the message to the vulnerable group through all available media."
The Division Bench hoped that the Commission both at the State and in Central will draw an action plan in this aspect and implement the same in letter and spirit. The High Court disposed of the writ petition.
Australia has become the first country in the world to impose such a ban. In Australia, those below the age of 16 are banned from using social media, including apps like TikTokX, Facebook, Instragram, YouTube, Snapchat and Threads. In Australia, those below 16 cannot create new accounts and their existing accounts are deactivated.
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