Case Note & Summary
The Supreme Court of India addressed the alarming issue of child sexual exploitation and abuse material (CSEAM) circulating on social media platforms. The court expressed concerns over the lack of compliance by social media intermediaries with legal obligations to report and remove such harmful content, particularly in light of its previous judgment in Just Rights for Children Alliance & Anr. v. S. Harish & Ors. dated 23.09.2024. The court noted that despite the passage of time since its earlier directives, there had been no significant progress in addressing the issue, with reports indicating an increase in the circulation of CSEAM. The court emphasized the need for social media platforms to report instances of CSEAM to the Special Juvenile Police Unit as required under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and highlighted that failure to do so would strip them of the 'Safe Harbour' protection under Section 79 of the Information Technology Act, 2000 (IT Act). The court called for a comprehensive national database for hash and URL lists of CSEAM to facilitate effective detection and removal across platforms, stressing that current fragmented efforts were insufficient. The court sought to hear from the Union of India regarding the technological measures in place for detecting and removing CSEAM and the feasibility of creating a centralized database. The court's decision underscored the urgent need for a robust regulatory framework to protect children from online exploitation.
Headnote
A) Criminal Law - Reporting Obligations of Intermediaries - Failure to Report CSEAM - Protection of Children from Sexual Offences Act, 2012, Sections 19, 20 - Social media intermediaries must report instances of CSEAM to authorities as mandated by law. The court held that failure to comply strips intermediaries of 'Safe Harbour' protection under Section 79 of the IT Act, necessitating immediate reporting and removal of harmful content (Paras 7-8). B) Information Technology - Liability of Intermediaries - Section 79 of the IT Act - Intermediaries cannot claim exemption from liability unless they conduct due diligence as per POCSO requirements. The court emphasized that compliance with IT Act does not absolve liability under POCSO, and due diligence must include reporting to law enforcement (Paras 256-258). C) Digital Safety - Need for National Database - Hash and URL Listing - The court highlighted the necessity of a national database for CSEAM to ensure effective detection and removal across platforms. It noted that without a centralized database, efforts to combat CSEAM remain fragmented and ineffective (Paras 51-54).
Issue of Consideration
Whether social media intermediaries are complying with legal obligations to report and remove child sexual exploitation and abuse material (CSEAM).
Final Decision
The Supreme Court directed that social media intermediaries must comply with their legal obligations to report and remove CSEAM, emphasizing that failure to do so would strip them of 'Safe Harbour' protection under Section 79 of the IT Act. The court also called for the establishment of a national database for CSEAM to facilitate effective detection and removal across platforms.
Law Points
- Child sexual exploitation
- reporting obligations
- intermediary liability
- POCSO Act
- IT Act
- hash and URL listing
- digital safety
