PROTECTING CHILDREN IN THE AGE OF SOCIAL MEDIA ALGORITHMS: IS INDIA READY FOR A DIGITAL SAFETY LAW?

• What are Social Media Algorithms?

Social media algorithms are computer-based systems that decide what content users see on digital platforms. They analyse a person’s online behaviour, such as the videos watched, posts liked, accounts followed, comments made, and the time spent on particular content. Based on this information, the algorithm recommends similar content to keep users engaged for longer periods. In simple terms, algorithms act like invisible editors that personalise each user’s online experience.
These systems are designed to increase user engagement because longer screen time often generates more advertising revenue for social media companies. Although algorithms make online platforms more convenient and personalised, they are not always designed with the best interests of children in mind. Their primary objective is to maximise engagement rather than protect young users from harmful or misleading content.

• Why are Children More Vulnerable?

Children are more vulnerable to algorithm-driven content because they are still developing emotionally, mentally, and socially. Unlike adults, they may find it difficult to distinguish between reliable information and harmful or misleading material. When an algorithm repeatedly recommends similar content, children may become trapped in a cycle where they are continuously exposed to the same ideas, videos, or trends.
This can lead to several risks, including excessive screen time, cyberbullying, online grooming, exposure to violent or sexually explicit material, misinformation, and unrealistic beauty standards that affect self-esteem and mental health. Recommendation systems may also promote dangerous online challenges or addictive content simply because such material attracts more attention.
The growing influence of algorithms shows that children’s online safety is no longer limited to controlling what they search for. It also depends on how digital platforms actively shape their choices, behaviour, and opinions. Therefore, protecting children in the digital age requires laws that regulate not only harmful content but also the algorithmic systems that determine how such content reaches young users.

• Constitutional Protection for Children.

The Constitution of India provides a strong foundation for protecting children’s rights in both the physical and digital world. Article 21 guarantees the right to life and personal liberty, which the Supreme Court has interpreted to include the right to live with dignity, privacy, and safety. In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Court recognised privacy as a fundamental right, making it an important constitutional safeguard for children in the digital age.
In addition, Article 21A guarantees every child the right to education, while Articles 39(e) and 39(f) of the Directive Principles direct the State to protect children from exploitation and ensure their healthy development. These constitutional provisions create a duty on the State to safeguard children from emerging digital harms.

• Information Technology Act, 2000 and the IT Rules, 2021

The Information Technology Act, 2000 is India’s primary legislation governing cyberspace. Although it addresses cyber offences and intermediary liability, it was enacted before the rise of modern social media platforms and recommendation algorithms. Consequently, it does not specifically regulate how algorithms influence children’s online experiences.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 impose due diligence obligations on intermediaries. Social media platforms are required to remove unlawful content upon receiving valid directions, establish grievance redressal mechanisms, and exercise reasonable care while operating their services. However, these rules mainly focus on content moderation and user complaints rather than preventing algorithm-driven harm before it occurs.

• Digital Personal Data Protection Act, 2023

The Digital Personal Data Protection Act, 2023 represents an important step towards protecting children’s personal data. It requires verifiable parental consent before processing the personal data of children and places restrictions on tracking, behavioural monitoring, and targeted advertising directed at them. These safeguards recognise that children deserve a higher level of privacy protection than adults.
Despite these protections, the Act primarily regulates the collection and use of personal data. It does not directly regulate recommendation algorithms or require platforms to assess whether their systems expose children to addictive or harmful content.

• Other Child Protection Laws

India also protects children through laws such as the Protection of Children from Sexual Offences Act, 2012 (POCSO) and the Juvenile Justice (Care and Protection of Children) Act, 2016. These laws address exploitation, abuse, and child welfare, including offences committed through digital platforms. However, they largely respond to harm after it has occurred rather than preventing algorithmic risks at an earlier stage.
Taken together, India’s legal framework offers important protections, but it remains fragmented. None of the existing laws specifically regulate the design or operation of social media algorithms that increasingly shape children’s online experiences.

• Absence of Regulation for Recommendation Algorithms

One of the biggest shortcomings of India’s digital laws is that they do not regulate how social media algorithms recommend content to children. Most platforms are designed to maximise user engagement by suggesting videos, posts, and reels based on a child’s online behaviour. While these recommendations may appear harmless, they can gradually expose children to misleading, harmful, or addictive content. The current legal framework focuses mainly on removing illegal content but does not examine how platform algorithms repeatedly promote such material.

• Inadequate Age Verification

Most social media platforms prescribe a minimum age for creating an account. However, age verification mechanisms are often weak and can be easily bypassed by entering incorrect information. As a result, many children gain unrestricted access to platforms that are not designed for their age group. Without reliable age verification, legal safeguards meant specifically for children become difficult to enforce.

• Limited Transparency and Platform Accountability

Another major concern is the lack of transparency in the functioning of social media algorithms. Users, parents, and even regulators rarely know why a particular post or video is recommended. The decision-making process of these algorithms remains largely controlled by private technology companies. Existing Indian laws require intermediaries to exercise due diligence, but they do not require companies to disclose whether their recommendation systems pose risks to children’s safety or mental well-being. This creates a significant gap in accountability.

• Behavioural Profiling and Privacy Risks

Modern social media platforms collect large amounts of behavioural data, including viewing habits, interests, search history, and online interactions. This information is used to personalise content and advertisements. Although the Digital Personal Data Protection Act, 2023, introduces safeguards for children’s data, concerns remain regarding excessive profiling and continuous monitoring of young users. Such practices may influence children’s choices without their full understanding or informed consent.

• Impact on Children’s Mental Well-being

The influence of algorithms extends beyond privacy concerns. Continuous exposure to unrealistic beauty standards, harmful online challenges, violent material, and misinformation can negatively affect children’s confidence, emotional health, and behaviour. Since recommendation systems are designed to increase engagement rather than promote well-being, they may unintentionally encourage excessive screen time and digital dependency. This highlights the need for a legal framework that not only responds to online harm but also prevents it by placing children’s best interests at the centre of digital regulation.

India has made progress through data protection and intermediary regulations. However, unlike these jurisdictions, it still lacks a dedicated legal framework that directly regulates algorithm-driven risks affecting children. Learning from these global practices can help India develop a balanced and child-centric digital safety law.

• Enacting a Dedicated Digital Safety Law

India should consider introducing a comprehensive Digital Safety Law specifically designed to protect children in the online environment. Existing laws regulate data protection, cyber offences, and intermediary responsibilities, but they do not directly address the unique risks created by social media algorithms. A dedicated law should clearly define the duties of digital platforms towards children and establish child safety as a legal priority rather than a voluntary responsibility.

• Greater Algorithmic Transparency and Accountability

Social media companies should be required to explain how their recommendation systems operate, especially when they affect children. While companies are not expected to disclose their trade secrets, they should be legally required to conduct regular risk assessments and demonstrate that their algorithms do not intentionally promote harmful, addictive, or age-inappropriate content. Independent regulatory audits can further improve transparency and strengthen public trust.

• Stronger Protection of Children’s Data

Children’s personal data should receive the highest level of legal protection. Digital platforms should collect only the information that is genuinely necessary for providing their services. The use of behavioural profiling, targeted advertising, and excessive data collection involving children should be strictly restricted. Such measures would better protect children’s privacy and reduce the risk of commercial exploitation.

• Safer Digital Platforms for Children

Platforms should adopt “safety by design” principles while developing services for young users. Features such as stronger age verification, default privacy settings, easy reporting mechanisms, parental control tools, and restrictions on auto play or endless scrolling can significantly reduce online risks. Protecting children should become part of the platform’s design instead of being treated as an afterthought.

• Promoting Digital Literacy and Shared Responsibility

Legal reform alone cannot guarantee children’s online safety. Parents, teachers, schools, technology companies, and the Government must work together to promote digital literacy. Children should be educated about online privacy, cyberbullying, misinformation, and responsible use of social media from an early age. A balanced approach that combines effective regulation with public awareness will create a safer and healthier digital environment while allowing children to benefit from technological innovation.

References.

1. Cases

• Avnish Bajaj v. State (NCT of Delhi), 150 (2008) DLT 769 (Del. HC).
• Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
• Shreya Singhal v. Union of India, (2015) 5 SCC 1.
  Constitutional Provisions

• Constitution of India, arts. 14, 19(1) (a), 21, 21A, 39(e), 39(f).

1. Statutes

• Digital Personal Data Protection Act, No. 22 of 2023 (India).
• Information Technology Act, No. 21 of 2000 (India).
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
• Juvenile Justice (Care and Protection of Children) Act, No. 2 of 2016 (India).
• Protection of Children from Sexual Offences Act, No. 32 of 2012 (India).

1. International Instruments

• Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3.
• United Nations General Assembly, Guidelines for the Alternative Care of Children, A/RES/64/142 (2010).

1. Books

• P. Jain, Indian Constitutional Law (8th ed. 2018).
• N. Shukla, Constitution of India (Mahendra P. Singh ed., 14th ed. 2023).
• Tal Z. Zarsky, Privacy and Algorithmic Decision-Making (Oxford Univ. Press 2023).

1. Government Reports

• Ministry of Electronics and Information Technology, Government of India,
• Digital Personal Data Protection Act, 2023: Explanatory Material.
• National Commission for Protection of Child Rights, Advisories on Child Online Safety.

1. Foreign Legislation

• Digital Services Act, Regulation (EU) 2022/2065.
• Online Safety Act 2023, c. 50 (U.K.).
• Online Safety Act 2021 (Cth) (Austl.).