New Delhi, August 5. The National Human Rights Commission (NHRC) has taken a tough stance on the issue of advertisements promoting child sexual abuse on the social media platform Instagram, summoning the Delhi Police Commissioner and ordering him to appear before it on September 7.
The matter is related to a BBC World Service report.
The matter is related to a BBC World Service report. The report stated that paid advertisements featuring terms like “rape video” and “child video” were being shown on Instagram. Clicking on these advertisements redirected users to Telegram channels where child sexual abuse material (CSAM) was being sold.
The Commission issued a summons after notices and reminders were ignored.
The NHRC took cognizance of this news. On July 8, the Commission sent a notice to the Delhi Police Commissioner, requesting an action taken report within 15 days. When the report was not received even after 15 days, the NHRC sent a reminder on July 29, granting him another seven days. It also warned that strict action would be taken if the report was not submitted.
However, the report was not submitted within the stipulated time. Following this, on Wednesday, the bench headed by NHRC member Priyank Kanoongo, considering it “very serious,” issued a summons to the Delhi Police Commissioner to appear in person. The order stated that the Commissioner should appear at 11:30 a.m. on September 7th at the Human Rights Building, New Delhi, with the report and the reason for the delay.
If the order is not followed, action will be taken under Rule 16 of the CrPC.
However, the Commission also stated that if the report is submitted by August 31st, personal appearance will not be required. The summons warned that if the order is not followed without reason, action will be taken under Rule 16 of the CrPC.
The NHRC stated that if these allegations are true, this is a case of online sexual exploitation of children, the promotion and sale of CSAM, and organized crime. This raises questions about the accountability of social media companies and the child protection system. The Commission stated that the matter should be investigated under the POCSO Act, the IT Act, and the Digital Personal Data Protection Act 2023. Citing a Supreme Court ruling, the NHRC stated that social media companies have a responsibility to immediately report POCSO-related crimes to the Special Juvenile Police Unit, the local police, and the NCMEC.
The NHRC directed the Delhi Police to promptly investigate the matter and submit a report. This should include preserving digital evidence, identifying the victimized children and the accused, providing information on reporting by Meta and other companies under Sections 19 and 20 of the POCSO Act, filing FIRs at appropriate locations, tracing the transactions behind the advertisements, and taking steps to rescue and assist the victimized children. The Commission also requested that the police investigate whether Meta and its responsible officials fulfilled their mandatory reporting obligations. If lapses are found, action should be taken as per the law.