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Supreme Court sought the Centre’s response on alleged lapses by social media intermediaries in reporting child abuse content.
The Supreme Court flagged the alleged availability of child abuse material on social media. It further sought the Centre’s response on reporting violations.
A bench of Justice JB Pardiwala and Justice KV Chandran asked the Electronics and Information Technology Ministry and the Law Ministry to respond.
The court heard petitions by Just Rights for Children Alliance (JRCA) and Bachpan Bachao Andolan.
The pleas seek criminal action against platforms that allegedly fail to meet mandatory reporting duties under the POCSO Act.
The petitions alleged that paid advertisements promote Child Sexual Exploitation and Abuse Material (CSEAM) on social media platforms.
The apex court listed the matter for September 24. It further sought the Centre’s view on a proposed centralised online system.
The mechanism would allow intermediaries to report CSEAM and share digital evidence with Indian law enforcement agencies.
The petitioners said platforms currently report such cases to the US-based National Centre for Missing and Exploited Children (NCMEC).
They allegedly do not directly alert juvenile police units or local police, as required under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The pleas sought a uniform standard operating procedure for detecting, reporting and preserving evidence. They called for sharing IP details in child abuse cases.
The court allowed the petitioners to implead intermediaries and seek compliance with its September 23, 2024 directions.
In 2024, the Supreme Court held that intermediaries cannot claim IT Act safe-harbour protection if they breach mandatory POCSO reporting duties.
The court stressed due diligence requirements. It further said POCSO would prevail over conflicting laws.
It was further observed that storing child sexual abuse material without deleting or reporting it could indicate an intent to transmit it and constitute a POCSO offence.
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