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Protecting children

by Deepak Dwivedi
January 15, 2025
in Eco-focus, Entertainment, Gender equality, Opinion, Update, world cup
Protecting-children

Deepak DwivediTHE Ministry of Electronics and Information Technology (MeitY) has issued a notification inviting public feedback on of a draft of the Digital Personal Data Protection Rules, 2025. The Government intends to finalise the rules to enforce the Digital Personal Data Protection Act, 2023 by the middle of this year. Once it is done, children below the age of 18 will need parental consent to open social media accounts. The rules emphasise stricter measures to protect the personal data of children and individuals with disabilities.

To verify consent, fiduciaries must use Government-issued IDs or digital identity tokens. Educational institutions and child welfare organisations, however, may be exempt from some provisions of the rules. The draft rules also propose enhanced consumer rights, allowing users to demand the deletion of their data and seek transparency. A penalty is proposed for breaches, ensuring stronger accountability.

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The rules define critical digital intermediaries, including ‘e-commerce entities’, ‘online gaming intermediaries’, and ‘social media intermediaries’, setting specific guidelines for each. Social media platforms, as defined by the draft, are intermediaries that primarily enable online interaction between users, including the sharing, dissemination, and modification of information. To oversee compliance with these rules, the Government plans to establish a Data Protection Board, which will function as a fully digital regulatory body. The Board will conduct remote hearings, investigate breaches, enforce penalties, and register consent managers. These comprehensive measures ensure that data fiduciaries adopt robust safeguards.

There is a body of literature on the harmful effects of social media on children. The National Institute of Mental Health and Neurosciences has identified tech addiction as a significant public health issue. Many adolescents exhibit compulsive behaviour, such as late-night scrolling, which adversely affects their mental and physical wellbeing. There is universal acceptance of the view that this calls for some sort of state regulation, but responses vary. Australia, for instance, has banned social media for children under 16. Norway is planning to enforce a minimum age limit of 15 for social media use, while France has initiated mobile phone bans in schools on a trial basis.

The rules emphasise stricter measures to protect the personal data of children

Such restrictions, however, are difficult to enforce and, sometimes, prove counterproductive. The digital environment is fundamental in the lives of children, providing greater access to education and social connections. Recognising this, policymakers need to balance opportunities and risks. India has adopted a sensible approach. By putting parents in control, the rules prevent businesses from exploiting children’s data for financial gain. It is also a safeguard in protecting children from behavioural profiling, which can have long-term implications on their psychological development and privacy.

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