The Supreme Court on Monday raised serious concerns over the alleged failure of social media platforms to follow mandatory reporting requirements under India’s child protection laws, particularly in cases involving child sexual abuse material.
The court has asked the Centre to respond to allegations that some social media companies are not directly informing Indian law enforcement agencies when they detect material involving the sexual exploitation or abuse of children.
The matter is now scheduled to come up again on September 24.
What Has the Supreme Court Asked the Government?
The Supreme Court has directed the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to file their counter-affidavits.
The ministries have been given time to submit their responses two weeks before the next hearing.
The court’s direction follows a petition raising questions about whether social media intermediaries are properly following their legal obligations when they come across child sexual exploitation and abuse material, commonly referred to as CSEAM.
What Is the Main Issue?
At the centre of the case is a simple but important question: When a social media platform finds child sexual abuse material, who does it report the information to?
The petition alleges that platforms operating in India are not always reporting such cases directly to the Special Juvenile Police Unit (SJPU) or the local police, as required under the Protection of Children from Sexual Offences (POCSO) Act.
Instead, the plea claims that some platforms report the material to the National Center for Missing and Exploited Children (NCMEC) in the United States.
The petitioners have argued that this arrangement does not adequately address the requirement to share information with Indian investigating authorities.
Why Is Direct Reporting to Indian Police Important?
When a case involving the sexual exploitation of a child is detected, investigators may need access to crucial digital information.
This could include details about the account involved, electronic evidence, IP addresses and other information that could help identify the person responsible.
The petition argues that delays or gaps in sharing such information could make investigations more difficult.
It has therefore sought a system under which relevant information can be quickly made available to Indian law enforcement agencies.
Petition Seeks Common Rules for Social Media Companies
The petitioners have also asked for a uniform Standard Operating Procedure (SOP) for social media intermediaries.
The proposed system would cover several areas, including:
- Detection of child sexual exploitation and abuse material
- Immediate reporting of such material
- Preservation of electronic evidence
- Sharing of IP addresses and other digital information
- Coordination with Indian investigating agencies
- A centralised mechanism for reporting such cases
The objective is to create a consistent process that all platforms would have to follow.
Demand for Centralised Online Reporting System
Another major request before the court is the creation of a centralised online reporting mechanism.
Under the proposed system, social media companies would be able to report cases directly to Indian authorities and securely provide relevant digital evidence.
Such a mechanism, the petitioners argue, could reduce delays and make it easier for investigating agencies to obtain information needed for criminal investigations.
Petition Also Raises Issue of Paid Advertisements
The case goes beyond the reporting of content uploaded by ordinary users.
The petition has also raised concerns about paid advertisements allegedly promoting child sexual exploitation and abuse material.
The petitioners have sought criminal action against platforms if they fail to comply with their statutory responsibilities in dealing with such material.
The issue could therefore raise questions about how social media companies monitor not only user-generated content but also paid promotional material appearing on their platforms.
What Does POCSO Say?
The Protection of Children from Sexual Offences Act, commonly known as POCSO, is India’s key law dealing with sexual offences against children.
It provides a legal framework for protecting children and dealing with offences involving sexual abuse and exploitation.
The present case focuses specifically on the responsibilities of intermediaries when they become aware of material involving child sexual exploitation or abuse.
The Supreme Court’s intervention could therefore have wider implications for how social media platforms handle such content in India.
Centre Had Earlier Raised Concerns With Social Media Platforms
The Supreme Court’s latest order comes weeks after the government itself raised concerns regarding the handling of child sexual abuse material by social media platforms.
The issue had come into focus during a meeting involving government officials and senior executives from Meta, the company behind Facebook and Instagram.
That interaction also drew attention after a video involving Prime Minister Narendra Modi was briefly removed from Facebook.
However, the current Supreme Court proceedings are specifically focused on allegations concerning the handling and reporting of child sexual exploitation and abuse material.
What Are Petitioners Asking the Supreme Court to Ensure?
The petition essentially seeks a system in which social media platforms have clear and uniform obligations when they detect illegal material involving children.
Among the key demands are:
Direct reporting: Platforms should report cases to the appropriate Indian police authorities.
Evidence preservation: Digital evidence should be preserved so that it can be used during investigations.
Sharing digital information: Investigators should be able to obtain relevant IP addresses and other electronic information.
Centralised reporting: A dedicated online system should allow platforms to submit reports and evidence to Indian authorities.
Action against offenders: People involved in such offences should be dealt with under the law and, where applicable, included in the National Database of Sexual Offenders.
What Happens Next?
The Supreme Court has now given the Centre an opportunity to respond to the allegations.
MeitY and the Ministry of Law and Justice must file their counter-affidavits before the next hearing, which is scheduled for September 24.
The government’s response could clarify how social media companies are currently expected to comply with POCSO reporting requirements and whether additional rules or mechanisms are needed.
The case could eventually lead to clearer guidelines for social media platforms on detecting, reporting and preserving evidence related to child sexual exploitation and abuse material in India.
