ISLAMABAD: Social media usage is need of the hour in the existing cyber regime, where everyone is benefiting from it, but at the same time there are challenges to minors’ mental and physical safety, for which jurisdiction of the Islamabad High Court has been invoked, seeking directives to the federal government to formulate a policy for social media platforms in order to safeguard minors online.
Filing a petition through advocates Muhammad Jalal Haider and Yahya Farid Khawaja, the petitioner sought the High Court’s directives to the government for legislation and a comprehensive regulatory framework to regulate social media use by children under the age of 16.
Both the lawyers also sought the introduction of an effective age-verification mechanism for social media accounts operated by children under 16. The petitioners have contended that children are increasingly exposed to the harmful effects of social media, including cyberbullying, online harassment, and inappropriate or harmful content, requiring the state to introduce a comprehensive legal and regulatory mechanism for their protection.
They have urged the court to direct the government to formulate a policy covering the digital rights, privacy, and mental and physical safety of children, and to impose specific responsibilities on social media platforms to safeguard minors online. The petition has also sought the establishment of a dedicated social media protection and regulatory mechanism to ensure the online safety of children, along with appropriate legislative measures to regulate social media use by persons under 16.
The petitioners have referred to protective measures adopted by Australia, France, the United Kingdom, New Zealand, and Spain, where various safeguards, including age restrictions, parental consent, and age-verification mechanisms, have been introduced or proposed to regulate children’s access to social media.
The petition relies on the United Nations Convention on the Rights of the Child and General Comment No. 25, arguing that protecting the best interests of children is not merely a policy objective but a legal obligation of the state.
It has been argued that the absence of an effective mechanism for verifying the age of social media users leaves children vulnerable to online risks and prevents meaningful enforcement of safeguards intended for minors.
The petitioners have therefore asked the Islamabad High Court to direct the federal government to take appropriate legislative measures to regulate social media use by children under 16 and establish an institutional mechanism responsible for their digital protection.
The Ministry of Information Technology and Telecommunication, Ministry of Information and Broadcasting, Ministry of Interior, Ministry of Law and Justice, Pakistan Telecommunication Authority (PTA), and Pakistan Electronic Media Regulatory Authority (Pemra) have been made respondents in the petition.
Resolution submitted
Earlier, a resolution was submitted to the Punjab Assembly last month, seeking a nationwide ban on social media accounts for children under the age of 16 without parental consent, amid growing concerns over cyberbullying, online sexual abuse and digital addiction among the minors.
The resolution, moved by Punjab lawmaker Sarah Ahmad, urges the provincial government to recommend to the federal government to introduce comprehensive legislation to regulate children’s access to social media platforms and strengthen online safety measures.
It says the protection of children’s physical, mental, psychological and moral development is both a constitutional and moral responsibility of the state, adding that unrestricted access to social media has exposed minors to cyberbullying, online sexual exploitation, inappropriate content, psychological distress, digital addiction and other serious online threats.
The resolution recommends that the federal government enact legislation prohibiting children below the age of 16 from creating or maintaining social media accounts unless parental or legal guardian consent is obtained through a reliable age-verification mechanism. It also calls upon the PTA to implement and enforce effective age-verification systems across all social media platforms operating in Pakistan to ensure compliance with the proposed restrictions.
The resolution further seeks to make social media companies responsible for complying with child protection standards by requiring them to promptly remove harmful content and provide a safer digital environment for minors.
