The Supreme Court issued a notice to the Centre on a plea by JRCA demanding stricter enforcement of rules for social media platforms to report Child Sexual Exploitation and Abuse Material, following a report on Instagram hosting such content.
SC Seeks Centre's Response
The Supreme Court has sought the response of the Union government on a plea seeking stronger enforcement of its directions requiring social media intermediaries to report Child Sexual Exploitation and Abuse Material (CSEAM) to law-enforcement authorities. A bench of Justices JB Pardiwala and K Vinod Chandran on Friday issued notice to the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice on the application moved by the Just Rights for Children Alliance (JRCA).
The bench also allowed the petitioner to seek the impleadment of social media intermediaries concerned so that the court's directions can be effectively enforced.
Application Follows Alarming Report
The application was filed after a BBC report alleged that Instagram had hosted paid advertisements promoting CSEAM, prompting the JRCA to raise questions over the compliance of online platforms with statutory obligations and the Supreme Court's earlier directions.
Legal Obligations of Online Platforms
It said that the issue involved in the present application is not confined to the functioning of any particular intermediary but concerns the uniform implementation of the statutory obligations governing all intermediaries and online platforms operating within the territory of India.
"Every instance of circulation, publication, promotion, or monetisation of Child Sexual Exploitation and Abuse Material through digital platforms constitutes a continuing offence and a violation of the dignity, privacy, and bodily integrity of child victims and frustrates the very object of the POCSO Act, 2012," it added.
In its September 23, 2024 judgment, the Supreme Court had held that intermediaries are required to report CSEAM to law-enforcement agencies in accordance with Sections 19 to 21 of the Protection of Children from Sexual Offences (POCSO) Act and Rule 11 of the POCSO Rules. The apex court had also considered these obligations in relation to the safe-harbour protection available under Section 79 of the Information Technology Act.
Proposed Enforcement Measures
Seeking a more robust enforcement framework, the JRCA has proposed several measures, including a uniform Standard Operating Procedure for intermediaries dealing with the detection, reporting and preservation of CSEAM, as well as coordination among relevant agencies.
The application also sought prompt inclusion of offenders' details in the National Database of Sexual Offenders, time-bound action by law-enforcement agencies on reports received from intermediaries, criminal action against platforms that fail to comply with their legal obligations, and a centralised online mechanism for reporting such material.
The JRCA said stronger enforcement was necessary to prevent the continued online circulation of such material.
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