The Delhi High Court asked the Central Government's response on how children below the age of 18 years are allowed to have social networking accounts in Facebook and Google + when it is violation of law.There are around 6,37,69,440 Indian users on Facebook.
A Division Bench of Justices B.D. Ahmed and Vibhu Bakhru asked the Centre to respond within 10 days when counsel for the former BJP leader, K.N. Govindacharya, the petitioner in the matter, accused the two sites of not verifying the details of its subscribers. It posted the matter on May 13 for further hearing.
The court also issued notices to Facebook Inc. and Google Inc. based in United States of America to answer to the petition .The Facebook Inc. has tax dues in India which are not paid even though it has service in India.
Lawyer Virag Gupta, arguing for the petitioner, said the agreements entered into by minors here with the sites were against the Indian Majority Act, the Indian Contract Act and the Information Technology Act.
According to the U.S authorities 8 crore Facebook have false account information. However the social networking giants justify their action by answering that they can't verify every account information.
But the Governments asks for strict action which has measured clear guidelines in 'Know your Customers' norms for all sector.
The petitioner claims violation of privacy of users by these companies as the data is being sold for many companies for commercial use.
Minors submit false information to have an access to these networks. Submitting of false information is punishable under Indian Law.
“Creating a false electronic record is an offence under the Information Technology Act and the Indian Penal Code. Under Section 465, the offence would attract punishment up to two years’ imprisonment and if the account so opened is used for the purpose of cheating, it would be punishable with a maximum of seven years’ imprisonment,” said top cyber law expert Pavan Duggal to The Hindu.
“Therefore, any [online] contract with a minor is null and void under the Indian Contract Act. While the age of majority in India is 18 years, it varies from country to country,” Mr. Duggal said.
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| No social networking accounts for children below 18 years |
A Division Bench of Justices B.D. Ahmed and Vibhu Bakhru asked the Centre to respond within 10 days when counsel for the former BJP leader, K.N. Govindacharya, the petitioner in the matter, accused the two sites of not verifying the details of its subscribers. It posted the matter on May 13 for further hearing.
The court also issued notices to Facebook Inc. and Google Inc. based in United States of America to answer to the petition .The Facebook Inc. has tax dues in India which are not paid even though it has service in India.
Lawyer Virag Gupta, arguing for the petitioner, said the agreements entered into by minors here with the sites were against the Indian Majority Act, the Indian Contract Act and the Information Technology Act.
According to the U.S authorities 8 crore Facebook have false account information. However the social networking giants justify their action by answering that they can't verify every account information.
But the Governments asks for strict action which has measured clear guidelines in 'Know your Customers' norms for all sector.
The petitioner claims violation of privacy of users by these companies as the data is being sold for many companies for commercial use.
Minors submit false information to have an access to these networks. Submitting of false information is punishable under Indian Law.
“Creating a false electronic record is an offence under the Information Technology Act and the Indian Penal Code. Under Section 465, the offence would attract punishment up to two years’ imprisonment and if the account so opened is used for the purpose of cheating, it would be punishable with a maximum of seven years’ imprisonment,” said top cyber law expert Pavan Duggal to The Hindu.
“Therefore, any [online] contract with a minor is null and void under the Indian Contract Act. While the age of majority in India is 18 years, it varies from country to country,” Mr. Duggal said.
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