The National Human Rights Commission (NHRC) has taken cognisance of media reports that paid advertisements on Meta’s Instagram may have promoted or facilitated access to child sexual abuse material (CSAM) in India. The commission has asked the Ministry of Electronics and Information Technology (MeitY) and other agencies to submit detailed, point‑wise reports within two weeks.
Key Developments
- NHRC seeks specific compliance reports from MIB, MeitY and the Delhi Police commissioner.
- MeitY must confirm whether it has complied with Section 19 of the POCSO Act, or explain reasons for non‑reporting.
- The commission highlighted that Section 79 of the IT Act cannot shield non‑compliance with POCSO reporting duties.
- NHRC referred to the Supreme Court judgment in Just Rights for Children Alliance & Anr vs S Harish & Ors, which reiterated prompt reporting, preservation of electronic evidence and coordinated rescue of child victims.
Important Facts
- The alleged ads used phrases like “rape video” and “child video” and redirected users to messenger channels where such material was reportedly offered for sale.
- According to the BBC, the ads passed Meta’s internal review and remained live even after being reported through its grievance mechanism, until the BBC’s intervention.
- The complainant in the case is Namo Foundation, a child‑rights NGO.
- The NHRC has directed MeitY’s secretary to examine the matter, assess evidence preservation, and determine liability of intermediaries under the IT Rules, 2021.
- Delhi Police have been asked to submit an updated action‑taken report, including any information obtained from Telegram.
Exam Relevance
This case touches upon several topics that frequently appear in the UPSC syllabus: constitutional bodies and their oversight functions (NHRC), child protection legislation (POCSO Act), cyber‑law (IT Act, Section 79, IT Rules 2021), and the interplay between statutory duties and safe‑harbour provisions. Understanding the legal obligations of intermediaries is crucial for GS 2 (Polity) and for answering questions on digital governance, child rights and law‑enforcement coordination.
Way Forward
- MeitY and MIB should submit point‑wise compliance reports, citing specific actions taken under Section 20 of the POCSO Act.
- Meta must cooperate with forensic examination, preserve all relevant electronic evidence, and ensure swift removal of any CSAM‑related content.
- Law‑enforcement agencies should trace financial flows, identify advertisers and rescue affected children, in line with Supreme Court directives.
- The government may consider tightening the intermediary liability regime to close gaps that allow harmful content to evade detection.