Children below the age of 18 who are having accounts on Facebook or twitter or Google may find themselves exposed to legal repercussions as per the latest legal battle that is going on in the Delhi High Court. The Delhi High Court on 25th April 2013 in the Public interest litigation petition filed by KN Govindacharya of the Rashtriya Swabhimaan Aandolan has asked the Union of India and Google and Facebook as to how it was allowing children below the age of 18 to open accounts on social networking sites like Facebook, Google when the Indian law bars minor from entering into contracts. The Delhi High court has directed the Union of India and Google and Facebook to respond within 10 days. This question was raised on the plea of the petitioner who had submitted that the social media sites were not verifying the details of the subscribers or users who are accessing the site and thereby the site was being accessed by minor entering into electronic agreements provided in the sites and thereby violating the provisions of Indian Majority act, 1975, Indian contract act and information technology act. The Petitioner had also submitted that Facebook had before US Security and Exchange commission submitted that around 8 crore of its users had false identity. This matter was raised on account of the fact that opening of accounts on these social networking sites required prior acceptance of electronic agreement that were mandatorily required to be accepted before venturing into the sites. This matter has posed 2 legal issues that may even expose the minor and parent opening false accounts on behalf of child to legal consequences. In order to understand the matter, it is first important to know who is a minor. The Indian majority Act defines minor as a child domiciled in India who has completed the age of 18 years or in case of court appointed guardian, every person who has completed the age of 21 years of age. The Indian Law grants protection to this minor child and hence makes every contract or agreement entered by him as not enforceable against him. Section 11 of the Indian contract act provides that any person who is minor or who has not attained the age of majority according to the law, to which he is subject, is not competent to enter into valid contract. Section 10 of the contract act further provides that only those agreements are contracts that are entered between parties who are competent to contract. This enforces the legal position that acceptance of electronic agreement by minor does not amount to valid contract. The second legal issue that arises with respect to the minor giving false information while accepting agreement or omitting to give correct information while accessing these sites through acceptance of agreements. In either case, the minor commits misrepresentation which is punishable offence under the Indian law. Indian penal code defines offences and provides for various provisions whereby misrepresentation amounts to offence. The law or IPC excludes only child under the age of 8 years from criminal liability. Section 82 of IPC provides that nothing is an offence that is done by a child who is under the age of 8 years and hence all minor above the age of age of 8 can be said be made criminally liable for an offence. Section 463 of IPC defines forgery and provides that a person is said to have committed forgery when he makes a false electronic document with the intention to enter into express or implied contract. Section 464 of IPC further provides that person is said to have made a false electronic document when he dishonestly or fraudulently makes or signs or seals or executes the electronic document. Section 465 of IPC further provides punishment for the offence of forgery which is 2 years and may extend to 7 years in case offence of cheating is committed. Section 66 C of the information technology act also provides punishment for dishonest or fraudulent use of the password or digital signature of any other person. The punishment may extend to 3 years or fine or both. Thus, the child who lie their age and access these sites by entering false information or accepting this electronic document may be exposing themselves to legal consequences as noted above.
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