New Delhi [India], September 24 (ANI): The Supreme Court on Thursday expressed concern over the Centre's failure to file its response on measures taken to implement its directions against the circulation of Child Sexual Exploitation and Abuse Material (CSEAM) online, granting the government a final opportunity to do so.
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 file, as a final opportunity, their respective reports.
It asked the ministries to file reports detailing the steps taken to implement the apex court’s September 2024 judgment and prevent the circulation of CSEAM on social media platforms.
The top court was hearing a plea filed by the Just Rights for Children Alliance (JRCA) seeking stronger enforcement of its directions requiring social media intermediaries to report CSEAM to law-enforcement authorities.
The bench noted that despite its August 14 direction, the ministries had not filed their responses.
“Unfortunately, till this date, no such counter or report has come on record. The matter before us is extremely serious. We grant one last opportunity to both the ministries to file that counter/report,” the top court said.
The apex court directed the Centre to inform it of the measures taken to implement its September 2024 judgment, which had held that social media intermediaries are required to report offences involving CSEAM to the authorities prescribed under the Protection of Children from Sexual Offences (POCSO) Act and the rules framed under it.
The bench further also sought details of the safeguards proposed to prevent lapses by intermediaries in detecting and reporting such material.
Additional Solicitor General KM Nataraj, appearing for the Centre, told the bench that the government was taking the issue seriously and had already issued notice and initiated proceedings against one company.
The matter will next be heard on October 15.
The application was filed after a BBC report alleged that Instagram had hosted paid advertisements promoting CSEAM, prompting the JRCA to raise questions over the compliance of online platforms with statutory obligations and the Supreme Court’s earlier directions.
It has said that the issue involved in the present application is not confined to the functioning of any particular intermediary but concerns the uniform implementation of the statutory obligations governing all intermediaries and online platforms operating within the territory of India.
“Every instance of circulation, publication, promotion, or monetisation of Child Sexual Exploitation and Abuse
Material through digital platforms constitutes a continuing offence and a violation of the dignity, privacy, and bodily integrity of child victims and frustrates the very object of the POCSO Act, 2012,” it has added.
In its September 23, 2024 judgment, the Supreme Court had held that intermediaries are required to report CSEAM to law-enforcement agencies in accordance with Sections 19 to 21 of the Protection of Children from Sexual Offences (POCSO) Act and Rule 11 of the POCSO Rules.
The apex court had also considered these obligations in relation to the safe-harbour protection available under Section 79 of the Information Technology Act.
Seeking a more robust enforcement framework, the JRCA has proposed several measures, including a uniform Standard Operating Procedure for intermediaries dealing with the detection, reporting and preservation of CSEAM, as well as coordination among relevant agencies.
The application also sought prompt inclusion of offenders’ details in the National Database of Sexual Offenders, time-bound action by law-enforcement agencies on reports received from intermediaries, criminal action against platforms that fail to comply with their legal obligations, and a centralised online mechanism for reporting such material.
The JRCA said stronger enforcement was necessary to prevent the continued online circulation of such material. (ANI)
SC gives Centre last chance to explain steps to curb CSEAM on social media
