The Supreme Court has issued a notice to the Centre regarding allegations that social media platforms are failing to report Child Sexual Exploitation and Abuse Material (CESAM).

Key Takeaways

  • Supreme Court issued a notice to the Ministry of Electronics and Information Technology (MeitY).
  • Allegations involve failure to comply with mandatory reporting under the POCSO Act.
  • The case stems from reports of Instagram allegedly hosting paid ads for CESAM.
  • The Court permitted the applicant to implead social media intermediaries directly.

New Delhi: In a significant move towards digital child safety, the Supreme Court of India on Friday sought a response from the Central Government regarding a petition alleging that social media intermediaries are failing to fulfill their mandatory obligations to report Child Sexual Exploitation and Abuse Material (CESAM).

A bench comprising Justices Jamshed Burjor Pardiwala and Krishnan Vinod Chandran issued a notice to the Ministry of Electronics and Information Technology (MeitY). The application was filed by the 'Just Rights for Children Alliance' (JRCA), a civil society network dedicated to fighting child trafficking and exploitation.

Why This Matters

BozokMedia analysis shows that this case challenges the 'Safe Harbour' protections enjoyed by tech giants. Under Section 79 of the IT Act, companies are exempt from liability for user content, but this immunity is contingent upon exercising due diligence and strictly adhering to laws like the POCSO Act.

Reporting CESAM only to international bodies like the NCMEC in the USA does not satisfy the legal mandate under Indian law.

The petition highlights that social media platforms must comply with the September 23, 2024, Supreme Court judgment. This judgment mandates that intermediaries report offences under Sections 19 and 20 of the POCSO Act to the local police or the Special Juvenile Police Unit.

Historical Background

The Protection of Children from Sexual Offences (POCSO) Act, 2012, serves as the primary legal framework in India to protect children from sexual assault and exploitation. The rules emphasize that any knowledge of child pornography or exploitation must be reported immediately to law enforcement to prevent further harm.

Did You Know?: Section 79 of the IT Act is often called the 'Safe Harbour' provision, which protects platforms from being sued for what users post, provided they follow government guidelines.

Frequently Asked Questions

1. What is CESAM?
It stands for Child Sexual Exploitation and Abuse Material.

2. Which law governs the reporting of child abuse in India?
The POCSO Act, 2012, and the POCSO Rules, 2020, govern these mandatory reporting procedures.