The Delhi High Court on Wednesday sought the Centre’s response on whether it was considering a policy to regulate social media platforms’ design features that allegedly encourage prolonged and compulsive use.
A division bench comprising Justices Nitin Wasudeo Sambre and Amit Sharma asked Additional Solicitor General (ASG) Chetan Sharma, appearing for the Centre, to obtain instructions from the government on the issue and adjourned the hearing for three weeks.
The proceedings arose from a public interest litigation (PIL) filed by law professor Vikas Kathuria, who has sought the setting up of an expert committee to examine design features used by social media platforms to maximise user engagement.
The bench’s query followed the Centre’s submission that the relief sought by Kathuria essentially concerned government policy.
ASG Sharma told the court that he did not have specific instructions on whether the government was contemplating a policy to regulate such platform architecture.
The ASG also referred to previous orders of the Supreme Court and the Delhi High Court declining to entertain similar pleas. He submitted that the petition could instead be treated as a representation to the government, which could then consider it within a stipulated period.
The bench, however, questioned how the court could prescribe a timeframe for the government to formulate a policy and asked the ASG to ascertain whether any policy initiative on the issue was under consideration.
Kathuria’s PIL focuses on the design of social media platforms rather than the content hosted on them. It argues that certain features are deliberately structured to capture users’ attention, keep them engaged and repeatedly draw them back to the platforms.
The petition identifies features such as infinite scrolling, autoplay, algorithmically personalised feeds, short-form videos, persistent notifications and engagement indicators such as “likes” as examples of such design.
According to the plea, these mechanisms can have a disproportionate impact on young users and contribute to problems including anxiety, depression, low self-esteem, stress arising from cyberbullying and compulsive use of social media.
Kathuria has contended that Indian law does not currently provide a specific regulatory framework for platform architecture designed to foster addictive or excessive use, as distinct from laws governing unlawful or harmful content.
The PIL names the Union ministries of electronics and information technology, women and child development, education, and health and family welfare, along with the National Commission for Protection of Child Rights (NCPCR), as government respondents. Meta Platforms, Google LLC, Snap, X Corp and Telegram have also been arrayed as parties.
The petitioner has relied on international regulatory developments concerning the design of digital platforms and has called for evidence-based standards and safeguards for features that maximise user engagement.
The plea does not seek a general ban on social media platforms. Instead, it asks the court to direct the Centre to constitute an expert panel to examine such design practices and recommend measures to restrict, regulate or prohibit specific features where necessary.
Kathuria has also sought compensation from the social media companies, alleging that their engagement-driven design features have contributed to mental health harms among young users.
