Delhi High Court Asks Facebook Not To Allow Children Below 13 To Create Accounts

The Delhi High Court has asked the Facebook, to put up a disclaimer on its home page to prevent children below 13 years from opening a account social networking site. A bench headed by acting chief justice BD Ahmed and Justice Vibhu Bakhru had concerns about the rise in instances where adults were luring children into participating in illegal activities.
Senior advocate Parag Tripathi assuring to the court said, "Facebook will upload the disclaimer on its home page that children 13 years can not open the account".

"You (Facebook) can write on the home page in bold letters that children below 13 are not allowed. There is no harm in doing this...," the court said.

"Why don't we have a law on the lines of Children Online Privacy Protection Act in the US? We are lagging behind while the world has moved ahead. We should change according to the need of the time. Government has to do something", the bench told centre's lawyer Sumeet Pushkarna

The court said there should be a method where a person having information about a 13 year old opening an account should be able to lodge a complaint.

Former BJP ideologue K N Govindacharya has filled a petition in Delhi High Court urging it to question the government on how children less than 18 years of age are allowed to open an account on social networking sites, like Facebook, when the Indian law does not permit it.

According to the petition children below 18 getting into an agreement with social networking sites to open an account is against the Indian Majority Act, the Indian Contract Act and also the Information and Technology Act.

"In India what is the law for a minor to use Facebook? Is it 13, 16, 18 or no law? What is the requirement under Indian law for Facebook?," counsel Sumeet told that in US the age to use social networking sites was 13 years.