Delhi High Court Inquires About Social Media’s Impact on Youth
The Delhi High Court has requested the Central government to present its position regarding a public interest litigation (PIL) that highlights concerns about the addictive nature of social media platforms and their detrimental effects on the mental well-being of young individuals. The case, titled Dr. Vikas Kathuria v. Union of India & Ors, was heard by a bench comprising Justice Nitin Wasudeo Sambre and Justice Amit Sharma.
The court has asked the Central government to clarify if it is considering developing a policy to tackle these issues. Additional Solicitor General (ASG) Chetan Sharma argued that the matter falls within the government’s policy domain and urged the court not to delve into it. He suggested that the PIL could be treated as a representation, allowing the government time to examine it.
Justice Nitin Wasudeo Sambre and Justice Amit Sharma asked ASG Sharma whether a policy is being contemplated, to which he replied that he would need to seek instructions. Consequently, the court adjourned the case for three weeks to allow the government to respond.
The PIL, filed by Vikas Kathuria, a law professor at BML Munjal University, expresses concerns about features like infinite scrolling, autoplay, algorithmically curated personalized feeds, and notifications. These features are designed to capture users’ attention, especially affecting children and young individuals, potentially harming their mental health.
Proposals and Government Perspective
The petition calls for the establishment of an expert committee to examine these design features and recommend measures to mitigate their effects. It also seeks directives for the Centre to regulate or prohibit such features and suggests creating a mental health redressal fund for affected users. Additionally, the plea demands compensation from companies like Meta, Google, Telegram, X, and Snapchat for the alleged harm caused.
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ASG Sharma stated that regulatory frameworks, such as the Information Technology Act and the Digital Personal Data Protection framework, already address these issues. He contended that regulating the internal features of social media applications is a separate matter and mentioned that app limits could be a potential solution.
The court acknowledged ASG Sharma’s point about the issue being within the government’s policy domain. It asked the petitioner under which legal provisions the requested relief could be granted, to which the petitioner’s counsel replied that the case concerns the way platforms are designed to engage users.
Drawing parallels with litigation against Meta in the United States, the petitioner’s counsel argued that similar protections should be afforded to Indian youth, emphasizing that the issue is not limited to content but also involves the platform’s design.
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The court indicated that broader policy intervention might require approaching the Supreme Court. The matter was adjourned to allow the Central government to consider whether a policy to address the concerns raised is being contemplated.
The PIL was filed by advocates Kartika Sharma, Harsha Sadhwani, and Subhika Joshi.
