The Supreme Court of India has issued a final ultimatum to the Central government, demanding a detailed explanation of the measures taken to combat the dissemination of child sexual exploitation and abuse material (CSEAM) on social media platforms. This directive emerged during proceedings for the case Just Rights for Children Alliance & Anr. v. S. Harish & Ors., presided over by Justices JB Pardiwala and K Vinod Chandran.
The case, initiated by the Just Rights for Children Alliance (JRCA), petitions for criminal prosecution against intermediaries that neglect to report CSEAM, as mandated by law. The Court previously requested a response from the Ministry of Electronics and Information Technology and the Ministry of Law and Justice about their actions in this regard, with the deadline having been set for August 14. However, the Court noted that no such response had been recorded to date.
“This matter holds extreme seriousness, and we are granting one last opportunity for both ministries to file their counter or report,” stated the Bench of Justices Pardiwala and Chandran. The plea underscores the need for adherence to the Supreme Court’s September 2024 ruling, which obliges social media companies to report CSEAM offenses to police under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and its corresponding rules.
The JRCA’s plea highlights inconsistencies in compliance by online platforms, advocating for the establishment and notification of a uniform standard operating procedure (SOP) for detecting and reporting CSEAM, preserving electronic evidence, and coordinating with law enforcement agencies. Despite the critical nature of this issue, the Union government’s response remains pending.
During the current session, Additional Solicitor General (ASG) KM Nataraj, representing the Union government, assured the Court of ongoing efforts, stating, “We are taking the matter very seriously, Lordship. In one case, we have already issued a notice and initiated proceedings.”
The Supreme Court has now directed the government to provide a comprehensive report on the implementation of its 2024 judgment and the steps taken to curb CSEAM circulation. Additionally, the Court seeks information on preventive measures against non-compliance by social media intermediaries.
The plea references a BBC investigation alleging that Instagram hosted paid ads promoting CSEAM, which directed users to Telegram channels where such content was sold. The plea further points out that while Meta reportedly informed the US-based National Centre for Missing and Exploited Children (NCMEC) of these incidents, it remains unclear if reports were also made to Indian authorities as required by the POCSO Act and the Supreme Court’s 2024 judgment.
The matter is scheduled for its next hearing on October 15. Stay updated with live coverage on this significant case impacting child rights and digital safety.
