IHC seeks replies on plea to regulate social media use by children under 16

ISLAMABAD: The Islamabad High Court (IHC) on Monday sought responses from the relevant ministries and regulatory authorities on a petition seeking legislation and a comprehensive regulatory framework to protect children under the age of 16 from the risks associated with social media use.

The petition, filed by Waqas Nasir through his counsel Muhammad Jalal Haider and Yahya Farid Khawaja, calls for an effective age-verification mechanism for social media accounts and special safeguards to protect minors from cyberbullying, online harassment, harmful content and other risks arising from their use of digital platforms.

IHC Chief Justice Sardar Muhammad Sarfaraz Dogar heard the petition and issued notices to the Ministry of Information Technology and Telecommunication, the Ministry of Information and Broadcasting, the Ministry of Interior, the Ministry of Law and Justice, the Pakistan Telecommunication Authority (PTA) and the Pakistan Electronic Media Regulatory Authority (Pemra).

The respondents have been directed to submit their replies within 15 days.

During the hearing, Advocate Muhammad Jalal Haider argued that the government should establish a reliable mechanism to verify the age of users seeking to create or operate social media accounts.

He said children under 16 were particularly vulnerable to the harmful effects of social media, including cyberbullying, online harassment and exposure to inappropriate or harmful content.

The counsel urged the court to direct the government to enact legislation specifically aimed at safeguarding children in the online environment and to establish a comprehensive legal and regulatory framework governing their access to social media platforms.

He argued that protecting the best interests of children was a constitutional and legal responsibility of the state, requiring the government to take effective measures rather than relying solely on existing mechanisms for dealing with complaints.

The lawyer also sought the establishment of a special Social Media Protection and Regulatory Mechanism for children, with clearly defined responsibilities for social media platforms to protect minors.

The petitioner has further called for a policy framework covering children’s digital rights, privacy, and mental and physical safety, along with safeguards requiring social media companies to take measures to prevent abuse and protect underage users.

Court asks whether law exists

During the proceedings, Justice Dogar specifically questioned whether Pemra had any law governing children’s use of social media.

The counsel replied that Pemra had powers to take action on the basis of complaints but that **no specific law had so far been enacted to regulate children’s access to social media**.

The court also asked whether any legislation had already been introduced specifically to address the issue. The lawyer responded that no such law had yet been made.

The court subsequently issued notices to the concerned ministries and authorities and directed the law officer to ensure their implementation.

Petition cites international practices

The petition argues that the rapid expansion of social media has created new risks for children and that existing laws and regulatory arrangements do not adequately address those risks.

According to the plea, countries around the world are increasingly introducing age restrictions, age-verification requirements and additional safety measures for children’s use of social media.

The petitioner has urged the government to bring Pakistan’s regulatory framework in line with emerging international practices and establish safeguards specifically designed around the needs and vulnerabilities of minors.

The plea also refers to the United Nations Convention on the Rights of the Child and General Comment No. 25, arguing that the principle of protecting the best interests of children imposes a legal obligation on the state.

It asks the court to direct the government to formulate a comprehensive framework covering children’s online safety, privacy, digital rights and protection from harmful content, while also imposing appropriate obligations on social media platforms.

Issue also raised in Punjab Assembly

The question of restricting children’s access to social media has also gained attention at the provincial level.

Last month, a resolution was submitted in the Punjab Assembly calling for a nationwide ban on social media accounts for children under 16 without parental consent.

The resolution, moved by MPA Sarah Ahmad, urged the provincial government to recommend that the federal government introduce comprehensive legislation regulating children’s access to social media platforms and strengthen measures for their online safety.

The IHC proceedings now place the broader question before the federal government and regulators, including whether Pakistan currently has an adequate legal framework for age verification, parental consent and the protection of minors on social media.