The National Human Rights Commission (NHRC) has escalated its intervention against the alleged circulation of Child Sexual Abuse Material (CSAM) on Meta platforms, issuing a fresh notice two days ago while continuing to monitor an earlier probe based on BBC reports.
NEW DELHI — The National Human Rights Commission (NHRC) has escalated its intervention against the alleged circulation of Child Sexual Abuse Material (CSAM) on Meta platforms, issuing a fresh notice two days ago while continuing to monitor an earlier probe based on BBC reports.
In the August 3 notice, the Commission took cognisance of a complaint from a non-profit foundation that received an anonymous tip-off about pornographic and age-inappropriate links on Instagram and Facebook that may contain CSAM.
The foundation annexed a list of links solely for investigation and clarified that it had neither accessed, downloaded, viewed nor stored the content, in compliance with the POCSO Act, 2012, and the IT Act, 2000.
The NHRC directed the Secretary of Ministry of Electronics and Information Technology (MeitY), the Director Generals of Police of West Bengal, Chandigarh, Haryana, Odisha, New Delhi and Meta's Head of Law Enforcement (India) to submit detailed Action Taken Reports within one week.
The Police of the above states have been ordered to examine the URLs through its cyber crime unit/special juvenile police unit, register FIRs where cognisable offences are disclosed, identify and prosecute those involved, coordinate with MeitY, Meta, I4C and NCRB, and immediately rescue any identified child victims for production before the Child Welfare Committee.
The MeitY must report on blocking of the URLs, action against the intermediary, and long-term child safety measures.
Meta has been asked to remove the content, preserve Meta data and IP logs, report under Section 19 of the POCSO Act, and detail preventive mechanisms. This follows an earlier notice issued on July 8 after the Commission took cognisance of BBC World Service reports, alleging that paid Instagram advertisements promoted CSAM in India using expressions such as "rape video" and "child video" and redirected users to Telegram channels where the material was allegedly offered for sale.
The reports claimed the advertisements were approved through Meta's review mechanism and remained accessible despite being reported through the platform's grievance system until the BBC specifically brought them to Meta's notice.
In pursuance of the National Human Rights Commission's notice and detailed directions arising from the BBC investigation into paid Instagram advertisements promoting Child Sexual Abuse Material (CSAM), the Delhi Commissioner of Police Anurag Kumar has initiated a priority investigation and is ensuring the registration of an FIR against Meta platforms for offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and other applicable laws.
The Bench of the National Human Rights Commission, presided over by member Priyank Kanoongo, takes cognisance of the matter under Section 12 of the Protection of Human Rights Act, 1993.
In the July notice, the NHRC directed the Delhi Commissioner of Police to conduct a comprehensive investigation, preserve electronic evidence, including advertisement records, metadata and financial trails, identify advertisers, perpetrators and any child victims, and examine whether Meta complied with mandatory reporting obligations under Sections 19 and 20 of the POCSO Act.
The Commission also noted potential liability under Section 23(3) of the Act.
Citing the Supreme Court's ruling in "Just Rights for Children Alliance & Another Vs S Harish & Others", it reiterated that intermediaries must report suspected POCSO offences to both NCMEC and the Special Juvenile Police Unit or local police.
On July 29, the NHRC issued a reminder to Delhi Police after the Action Taken Report was not submitted within the stipulated 15 days, warning that failure to comply within seven days could lead to invocation of its coercive powers under Section 13 of the Protection of Human Rights Act, 1993.
The Commission has emphasised in both proceedings that every instance of creation or continued circulation of CSAM constitutes a continuing violation of a child's dignity, privacy and human rights, requiring urgent action for victim rescue, rehabilitation and prosecution of those responsible.
Meanwhile, the National Commission for Protection of Child Rights (NCPCR) has decided to institute a formal inquiry into allegations concerning "Child Sexual Exploitative and Abuse" material on Meta's platforms, government sources confirmed on Tuesday.
The decision follows Meta's response to a notice the Commission had issued on July 3 after taking suo motu cognisance of a BBC Eye media report.
The report had flagged paid advertisements on Instagram that allegedly promoted or facilitated access to such material.
NCPCR had sought a detailed explanation from Meta Platforms Inc.
The company submitted its reply within a week of receiving the notice.
After examining the response, the Commission has now resolved to conduct a full inquiry to establish the facts of the case.
Sources indicated that the inquiry will examine whether the platform complied with applicable child protection and intermediary obligations in relation to the alleged content.