Dr. Vikas Kathuria files PIL in Delhi High Court against addictive social media designs

The Delhi High Court is set to examine a public interest litigation that challenges the very architecture of modern social media platforms. Filed by law professor Dr. Vikas Kathuria, the petition argues that design features such as infinite scroll, autoplay, and algorithmically curated feeds are deliberately engineered to maximise user engagement at the expense of mental health—particularly among children and young adults. The plea names Meta Platforms, Google, Telegram, X, and Snapchat as respondents and seeks both interim regulatory guidelines and financial compensation for the harm already suffered.

The case is listed before a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. It raises fundamental questions about the legal distinction between platform content and platform design, a distinction that the petitioner contends is missing from Indian law but has been recognised in several foreign jurisdictions.

The Core Issue: Platform Architecture Over Content

The PIL draws a sharp line between what users post on social media and how the platforms are built to keep them hooked. According to the petition, “the fulcrum of the issue is not what content social media platforms carry, but how such platforms are architecturally designed to cause addiction.” The targeted mechanisms include infinite scrolling, automated video playback, persistent push notifications, and variable reward metrics like “likes.” These are not incidental byproducts of engineering convenience, the plea argues, but “conscious design choices, engineered to maximise user engagement and thereby advertising revenue, without regard to the psychological and physiological consequences visited upon the users.”

The petitioner emphasises that Indian law currently addresses only unlawful or harmful content, leaving the design architecture entirely unregulated. This regulatory gap, he argues, enables platforms to exploit cognitive vulnerabilities, especially among adolescents who are still developing impulse control.

A Call for Judicial Intervention

Dr. Kathuria, a law teacher based in the national capital, has framed the PIL as a matter of public interest touching on the right to health and the welfare of children. He urges the court to step in until the legislature enacts a dedicated law. The plea specifically asks the High Court to direct the respondent companies to “restrict, prohibit, or regulate the use of engagement-maximising and addictive design,” and to “lay down guidelines regulating such design features” that would remain in force until Parliament passes appropriate legislation.

The petition also seeks damages from the tech giants for the harm already caused. It notes that Indian youths aged 18 to 24 spend more than 120 minutes daily on social media, and cites clinical research linking prolonged usage to depression and suicide among adolescents. The plea calls for an expert body to examine the design architecture of these platforms and assess its impact on users.

Global Precedents and the Indian Context

A significant part of the PIL’s argument rests on the principle of parity: if social media platforms subject themselves to stricter norms in other countries, they should follow the same standards in India. The petition points to a landmark settlement in the United States, where Meta Platforms agreed to pay USD 17 billion and adopt additional child-safety measures on Facebook and Instagram. That settlement resolved claims filed by 47 US states concerning teen social media addiction.

The petitioner argues that this demonstrates that a distinction between platform content and platform design is “legally workable” and has been tested elsewhere. He references foreign laws and legislative measures to show that India is lagging behind in regulating the addictive potential of digital interfaces. The plea contends that the same platforms that have modified their designs to comply with regulations in Europe, the United States, and other regions continue to deploy engagement-maximising features in India without equivalent safeguards.

What the PIL Seeks: A Detailed Look

The petition’s prayer clause is both broad and specific. It asks the court to:

  • Direct social media companies to restrict or eliminate addictive design features, including infinite scroll, autoplay, algorithmically curated feeds, and persistent notifications.
  • Frame interim guidelines on platform design architecture to remain in force until Parliament enacts a law on the subject.
  • Award compensation to users, particularly children, who have suffered psychological or physiological harm due to these features.
  • Constitute an expert committee to examine the design architecture of platforms and recommend regulatory measures.

The plea also raises a constitutional question: whether the right to health under Article 21 of the Constitution includes protection from manipulative design that causes addiction and mental distress. By linking platform architecture to fundamental rights, the petitioner seeks to bring the issue within the purview of public interest litigation.

Legal Analysis and Implications

The case presents several novel legal questions. First, it asks whether platform design can be treated separately from platform content for regulatory purposes. Indian law currently focuses on content moderation—removing unlawful or harmful posts—but does not address the structural incentives that drive user behaviour. If the court accepts the distinction, it could open the door to a new category of digital regulation.

Second, the PIL tests the limits of corporate accountability for product design. By seeking damages, the petitioner invites the court to treat social media platforms as manufacturers of potentially harmful products, akin to tobacco or gambling products. This could have far-reaching consequences for the liability of technology companies in India.

Third, the demand for interim guidelines puts pressure on the executive and legislature to act. If the High Court issues directions, it may accelerate the drafting of a comprehensive Digital India Act or amendments to the Information Technology Act, 2000. The plea’s reliance on foreign precedents may also influence Indian courts to adopt a more interventionist approach in regulating digital markets.

Impact on Legal Practice and the Justice System

For legal practitioners, this PIL signals a growing trend of using public interest litigation to address systemic harms caused by technology. Lawyers specialising in cyber law, constitutional law, and consumer protection will find new avenues for advocacy. The case may also lead to increased demand for expert evidence on behavioural psychology and platform design.

From a judicial perspective, the Delhi High Court will have to grapple with technical evidence and comparative law. The bench’s approach could set a precedent for how Indian courts handle similar challenges against other digital platforms, including gaming apps, streaming services, and e-commerce websites. The decision to appoint an expert committee could also create a model for future cases.

The petition also highlights the need for interdisciplinary collaboration between the judiciary, technologists, and mental health professionals. If the court grants the relief sought, it may require ongoing monitoring of platform changes—a task that could strain judicial resources but may be necessary to protect vulnerable users.

Conclusion

Dr. Vikas Kathuria’s PIL is a landmark attempt to shift the focus of social media regulation from content to design. By arguing that the architecture itself is addictive and harmful, the petition challenges the business model of some of the world’s most powerful companies. The Delhi High Court’s response will be closely watched by legal scholars, tech companies, and child rights advocates alike.

Whether the court issues interim guidelines, appoints an expert committee, or simply notices the respondents, the case has already succeeded in spotlighting a regulatory vacuum. As the bench prepares to hear the matter, the legal community awaits a judgment that could reshape how India regulates the digital public square—and who bears responsibility for its psychological toll on the youngest users.