SC issues notice on plea over Meta's role in digital exploitation of children

The Supreme Court of India has issued notice to the Respondents in a Public Interest Litigation instituted by Ms. Sreerupa Chowdhury, who is an advocate and a legal-technology entrepreneur, under Article 32 of the Constitution, raising concerns over the impact of Meta's algorithm-driven social media platforms, particularly Facebook and Instagram, on the mental health, privacy and well-being of children in India.

The Petitioner was represented by Mrs. Geeta Luthra, Sr Adv, Mr. Shambo Nandy, AOR, Mr. Daksh Sharma, Ms. Shivani Luthra, Adv. Mr. Manas Agrawal, Adv. Mr. Adarsh Kothari, Adv. Mr. Pranjal Pandey, Adv. Mr. Rishabh Dahiya, Adv. Ms. Varnika Bhardwaj, Adv. Mr. Parth Tanwar, Adv. Mr. Devansh Tiwari, Adv. Ms. Prachi Sharma, Advocates.

The petition raises serious concerns regarding the alleged use of addictive algorithmic mechanisms, including infinite scrolling, autoplay reels, personalised recommendations and behavioural profiling, which are designed to maximise user engagement and screen time. It highlights the potential consequences for children, including behavioural addiction, anxiety, depression, sleep deprivation, body-image disorders and exposure to online grooming and Child Sexual Abuse Material (CSAM).

A particularly significant aspect of the petition is India's disproportionate exposure to these platforms. According to DataReportal's Digital 2026: India report, India has approximately 480.5 million Instagram users and 403 million Facebook users, making it Meta's largest national market globally. India's user base on these platforms is approximately 2 to 2.6 times that of the United States. The petition contends that, given this extraordinary scale, Indian children are exposed to risks affecting a substantially larger population and cannot be afforded a lower standard of protection than children in Western jurisdictions.

The Petitioner seeks, inter alia, a Court-monitored National Child Online Safety and Welfare Fund, India-specific disclosures regarding minor users and child-safety mechanisms, adequate  guidelines from the government relating to the same, implementation of enhanced safety defaults and algorithmic safeguards, an independent inquiry by the National Commission for Protection of Child Rights, and India-specific research into the impact of social media on children's mental health. Compensation commensurate with the scale of harm is also sought from Meta.

In its prayer, the Petitioner has also specifically sought the constitution of a Court-monitored National Child Online Safety and Welfare Fund, to be funded by Meta with an amount commensurate with, or not less than, the global settlements executed by Meta in comparable foreign jurisdictions, specifically referring to the US multi-state settlement of at least US$18 billion which was entered into in August of this year. The Petitioner has contended that when India has approximately 2 to 2.6 times the user base of the United States on Facebook and Instagram, the compensation payable for the alleged harm to Indian children must reflect the substantially larger scale of exposure and the commercial benefits derived from the Indian market.

The petitioner, Ms. Sreerupa Chowdhury, is an alumna of the premier law school, National University of Juridical Sciences (WBNU). The petition has been instituted pro bono publico, without any personal or commercial interest.