The Supreme Court on Thursday agreed to issue orders on preventive steps to be taken by the Centre and other stakeholders against child sexual exploitative and abuse material (CSEAM) online, citing the seriousness of the matter.
The order was passed after the ministry of electronics and information technology (MeitY) submitted a draft Standard Operating Procedure (SOP) to the court. “As part of the future preventive action required to be taken with respect to dissemination of CSEAM content, MeitY has drafted an SOP for the intermediaries for prevention, direction, removal and reporting of CSEAM content to a government portal (Sahyog),” the ministry said.
The SOP has been prepared in consultation with the ministry of women and child development (MoWCD) and other stakeholders, besides the ministry of home affairs (MHA) and department of telecommunications (DoT), the affidavit said.
Solicitor general Tushar Mehta appearing for Centre said, “We are serious about this matter. There were discussions that took place based on which we have given our suggestions on how to tackle this problem. We require some more time to finalise the SOP.”
The bench said, “This is a very serious matter. We want the Union government to take it seriously. We will pass an order. You study our order. We will suggest you some things that will be helpful for you.”
The court posted the matter after a month to allow the Centre come up with further developments on preventing CSEAM online.
The Centre’s affidavit gave examples of how in an instance, MeitY issued notice in July 2026 to the Meta’s compliance officer regarding dissemination of paid advertisements promoting CSEAM. The proceedings are still underway. Meity said it has been regularly communicating and coordinating with various stakeholders, including the intermediaries, regarding the need for enhanced monitoring, reporting and removal of CSEAM content.
As part of these efforts, Centre pointed out that in February this year, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were amended to incorporate specific due diligence obligations for preventing and reporting CSEAM content on their platforms.
The Centre was responding to an order passed by the court last month in a petition filed by Just Rights for Children Alliance (JRCA). The petitioner sought compliance of a 2024 judgment and a uniform SOP to be framed to ensure timely reporting by intermediaries.
The judgment passed on September 23, 2024 held that social media intermediaries have a duty to report cases of child abuse and exploitation to the local authorities under Protection of Children from Sexual Offences (Pocso) Act.
The verdict held, “In view of the salutary object and the mandatory character of the provisions of Sections 19 and 20 of the Pocso read with Rule 11 of the Pocso Rules, we are of the considered view, that an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it, unless due diligence is conducted by it and compliance is made of these provisions of the Pocso.”
It further stated that the compliance required includes not just removal of child pornographic content but an immediate report of such content to the concerned police.
The JRCA application said that Instagram carried paid advertisements promoting CSEAM, raising concerns over compliance of the top court’s judgment. The petitioner sought a comprehensive mechanism to ensure effective implementation of obligations of social media platforms and prevent the online circulation and exploitation of children. It sought a uniform SOP for intermediaries covering detection and mandatory reporting of CSEAM, preservation of evidence and inter-agency coordination among relevant agencies.
It further demanded prompt uploading of offenders’ particulars to the National Database of Sexual Offenders (NDSO), timely action by law-enforcement agencies on every report received from an intermediary, and initiation of criminal proceedings against intermediaries that fail to comply with mandatory reporting obligations, in accordance with law.
The petitioner even sought the establishment of a centralised online reporting portal to facilitate reporting of CSEAM by intermediaries.