Supreme Court to Issue Directives on Centre’s Measures to Prevent Online Child Sexual Abuse Content

On Thursday, the Supreme Court of India consented to issue directives regarding preventive measures to be adopted by the Centre and other relevant parties against online child sexual exploitative and abuse material (CSEAM), highlighting the gravity of the issue.

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 was developed in collaboration with the Ministry of Women and Child Development (MoWCD) along with other stakeholders, as well as the Ministry of Home Affairs (MHA) and the Department of Telecommunications (DoT), stated the affidavit.

Solicitor General Tushar Mehta, appearing for the 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 adjourned the case for a month to enable the Centre to present additional measures on curbing CSEAM online. The Centre’s affidavit provided instances, such as when in July 2026, MeitY notified Meta’s compliance officer concerning the distribution of paid ads endorsing CSEAM. The process is still in progress. MeitY stated that it has consistently been in touch and collaborating with different stakeholders, including intermediaries, about the necessity for improved monitoring, reporting and removal of CSEAM content.

As part of these initiatives, the Centre noted that in February this year, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were revised to include particular due diligence responsibilities for preventing and reporting CSEAM content on their platforms. The Centre was reacting to a directive issued by the court last month in a petition submitted by Just Rights for Children Alliance (JRCA).

The petitioner requested adherence to a 2024 judgment and the creation of a standard SOP to guarantee prompt reporting by intermediaries. The ruling delivered on September 23, 2024, stated that social media intermediaries are required to inform local authorities about instances of child abuse and exploitation in accordance with the 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 POSCO 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.”