New Delhi: The Supreme Court on Thursday asked the Centre to take the issue of circulation of Child Sexual Exploitation and Abuse Material (CSEAM) on social media platforms seriously, while indicating that it would suggest measures to address the problem.
A bench of Justices J.B. Pardiwala and K. Vinod Chandran made the observations while hearing a plea seeking criminal action against social media intermediaries for allegedly failing to report child sexual abuse material to the authorities, as required under the law.
The Justice Pardiwala-led Bench asked Solicitor General Tushar Mehta, appearing for the Centre, whether the government had filed its response in the matter.
SG Mehta informed the top court that the Centre had filed its reply along with suggestions on tackling the problem. Counsel appearing for the petitioner also referred to concerns relating to the dark web, prompting the Solicitor General to assure the Supreme Court that the Centre was taking the matter seriously.
Stressing the gravity of the issue, the bench said it was a “very, very serious matter” and asked the Centre to deal with it seriously and study the top court’s forthcoming order.
As per the case status reflected on the official website of the apex court, the matter has been tentatively listed for further hearing on December 10.
The proceedings stem from an application filed by Just Rights for Children Alliance (JRCA) seeking effective implementation of the Supreme Court’s September 23, 2024, judgment in Just Rights for Children Alliance v. S. Harish, which dealt with the obligations of social media intermediaries to report suspected offences involving child sexual abuse material.
In its previous hearing on September 24, the Supreme Court had granted the Centre the “last opportunity” to file its counter-affidavit and an action-taken report detailing the steps taken to implement the directions issued in the 2024 judgment and curb the circulation of CSEAM on social media platforms.
It had also directed the Centre to explain the measures taken to implement its 2024 judgment and the safeguards proposed to prevent future lapses by social media intermediaries. It had further asked the Centre to serve a draft Standard Operating Procedure (SOP) for dealing with CSEAM cases before the next hearing.
Under its 2024 judgment, the Supreme Court clarified that compliance with the Information Technology Act, 2000, would not absolve social media intermediaries of their statutory obligations under the Protection of Children from Sexual Offences (POCSO) Act. It held that intermediaries must report the commission or likely commission of offences under the POCSO Act not only to the National Center for Missing & Exploited Children (NCMEC), but also to the Special Juvenile Police Unit (SJPU) or local police, in accordance with the applicable statutory provisions.
The matter has also drawn the attention of the National Human Rights Commission (NHRC). Earlier in the day, NHRC member Priyank Kanoongo flagged the continued delay in compliance with the Supreme Court’s directions, saying that the 2024 judgment remained to be implemented. In a post on X, Kanoongo questioned why social media companies were allegedly resisting mandatory reporting of child sexual abuse to the police and raised concerns over the circulation and monetisation of such material on online platforms.
The NHRC has separately taken cognisance of media reports alleging that paid advertisements on Instagram promoted child sexual abuse material and directed users to Telegram channels where such content was allegedly being offered for sale.
(IANS)
