The Delhi High Court on Wednesday sought instructions from the Central Government on whether it is considering a policy framework to examine and regulate design features of social media platforms alleged to promote compulsive and prolonged user engagement.
A Division Bench comprising Justice Nitin Wasudeo Sambre and Justice Amit Sharma asked Additional Solicitor General Chetan Sharma to obtain instructions from the Centre on the issue. The Court subsequently deferred further consideration of the Public Interest Litigation by three weeks.
The PIL has been instituted by law professor Dr Vikas Kathuria, who has sought the constitution of an expert committee to examine the technological architecture employed by social media platforms to maximise user engagement and determine whether certain features have an addictive effect, particularly on younger users.
The petition draws a distinction between unlawful or harmful content hosted on social media and the underlying architecture through which such platforms retain users’ attention. According to the petitioner, features such as infinite scrolling, autoplay, algorithmically personalised feeds, short-form videos, recurring notifications and engagement indicators such as “likes” are structured in a manner that can repeatedly stimulate user interaction.
During the hearing, the Bench questioned the Centre on whether the Government was contemplating any policy intervention concerning such platform architecture. ASG Sharma submitted that he did not, at present, have specific instructions on the issue.
The Centre also relied upon previous judicial orders concerning comparable pleas and indicated that the relief sought essentially falls within the policy domain. It was suggested that the petition could instead be treated as a representation and considered by the competent authorities in accordance with law.
The Court, however, questioned how it could direct the Government to formulate a policy within a stipulated timeframe if the subject was fundamentally within the executive policy domain. It therefore asked the law officer to ascertain whether the Government was, in fact, considering any policy on the issue.
The petitioner has argued that the existing regulatory framework does not specifically address the design architecture of social media platforms when such architecture is alleged to facilitate compulsive use, as distinct from regulating illegal or harmful online content.
The PIL raises particular concerns regarding the impact of such engagement-oriented mechanisms on adolescents and young adults. It refers to alleged consequences including compulsive scrolling, anxiety, depression, diminished self-esteem and other adverse effects on mental and emotional well-being.
The plea also points to developments in other jurisdictions concerning safeguards against design practices that are alleged to encourage excessive or compulsive digital engagement.
The petitioner has clarified that the PIL does not seek a blanket prohibition on social media platforms. Instead, it seeks regulatory intervention directed at specific design mechanisms, with the proposed measures to be based on expert assessment and evidence.
Among the principal reliefs sought is the constitution of an expert body comprising specialists capable of examining engagement-maximising platform architecture and recommending appropriate safeguards and design standards.
The petition further seeks consideration of measures to restrict, regulate or prohibit specific features where they are found to have a demonstrable adverse impact, particularly on young users. Compensation has also been sought from the concerned social media companies for alleged harm attributed to such design practices.
The respondents in the proceedings include the Union Ministries of Electronics and Information Technology, Women and Child Development, Education, and Health and Family Welfare, besides the National Commission for Protection of Child Rights and major social media companies including Meta, Google, Snap, X and Telegram.
The proceedings form part of a broader judicial discourse concerning the regulatory challenges posed by social media platforms, particularly where questions of child protection, digital well-being and platform accountability intersect with the executive’s policy-making domain.
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