Supreme Court Seeks Centre’s Response Over Social Media Lapses In Reporting CSEAM

The Supreme Court has sought a response from the Centre over alleged lapses by social media intermediaries in complying with statutory safeguards against child sexual exploitation and abuse material (CSEAM), including mandatory reporting of such offences to Indian law enforcement and the prompt uploading of offenders’ details to the National Database of Sexual Offenders (NDSO).

Centre Put On Notice

A bench of Justices JB Pardiwala and K Vinod Chandran directed the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to respond to concerns raised by the Just Rights for Children Alliance.

The NGO has approached the court in a pending matter concerning the protection of children from online sexual exploitation.

In an order released on Monday, the bench permitted the NGO to implead the two ministries as respondents and issued notice to them. The matter has been listed for September 24.

The ministries have been directed to file their counter-affidavits before the next hearing and provide copies to the applicants two weeks in advance.

NGO Flags Paid Advertisements Promoting CSEAM

The application has raised concerns over alleged instances of social media platforms carrying paid advertisements promoting CSEAM.

According to the NGO, users were allegedly redirected through such advertisements to other websites or platforms where the material was offered for money.

The application claimed that such incidents were increasing despite advertising review mechanisms maintained by social media intermediaries.

Supreme Court Calls Issues ‘Serious Concern’

The Supreme Court said the issues raised before it were a matter of "serious concern" and required its "full and anxious consideration".

The bench also referred to the court’s September 23, 2024 judgment concerning the legal obligations of online intermediaries in cases involving child sexual abuse material.

Safe Harbour Not Absolute, Court Had Held

In its 2024 judgment, the Supreme Court had held that intermediaries cannot claim the safe-harbour protection under Section 79 of the Information Technology Act merely by complying with provisions of the IT Act if they fail to meet mandatory requirements under the Protection of Children from Sexual Offences (POCSO) Act.

The latest proceedings will examine the concerns raised over alleged failures by intermediaries to comply with those statutory obligations, including reporting offences to law enforcement and ensuring relevant offender information is entered into the NDSO.

The Centre's response is expected to clarify the steps being taken to ensure that social media platforms comply with the safeguards governing online child sexual exploitation material.