Supreme Court strict: Notice to Central Government on laxity in reporting child sexual abuse material on social media


In the digital age, amidst the increasing influence of social media and internet, the Supreme Court has taken a very strict stance regarding child safety. The Supreme Court has formally issued a notice to the Central Government regarding the shortcomings in mandatory reporting of content related to child sexual exploitation and abuse by social media platforms. The court has sought a response from the Center in this sensitive matter, which is being considered a major step towards cracking down on social media companies. Supreme Court's tough stance on the petition of 'Just Rights for Children Alliance' The bench of Justice JB Pardiwala and Justice Vinod Chandran, while hearing an important petition filed by 'Just Rights for Children Alliance', has issued a notice to the Union Ministry of Electronics and Information Technology and the Ministry of Law and Justice. The petitioner organization has raised a serious issue of telecast of advertisements promoting child sexual exploitation and abuse on major social media platforms like Instagram. The organization alleges that social media platforms are not following the historic directions of the Supreme Court in September 2024, which raises serious questions on the legal responsibilities of intermediaries. Considering the seriousness of the matter, the Supreme Court has given permission to the petitioner organization to make all the related social media platforms also parties in this case. Referring to the instructions and legal obligations of the year 2024, let us remind you that while hearing the earlier petition of the same organization, the Supreme Court had given clear instructions in 2024 that all social media platforms will have to compulsorily give information about cases related to Child Sexual Exploitation and Abuse (CSAM) to law enforcement agencies. This also includes the legal obligations prescribed under the POCSO Act. Under that order, the accountability of the intermediaries was fixed within the ambit of Section 79 of the IT Act. However, in the latest petition it has been alleged that these rules are not being strictly followed on the ground, due to which such objectionable content and advertisements are being circulated freely on online platforms. Demand to prepare a comprehensive mechanism, SOP and database of criminals. In this PIL, the organization has demanded to develop a strong and comprehensive mechanism to completely prevent sexual exploitation of children through online mediums. Through the petition, it has been demanded that a Standard Operating Procedure (SOP) should be prepared and notified immediately for all social media intermediaries for identification of child sexual exploitation material, mandatory reporting, preservation of digital evidence and better coordination with investigating agencies. Apart from this, a strong demand has also been raised for immediate uploading of details of offenders on National Sexual Offender Database (NDSO), ensuring timely action by agencies and taking strict criminal action against social media platforms violating the rules.

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