New Delhi, August 14: The Supreme Court has issued a notice to the central government, questioning why social media intermediaries like Instagram and X are failing to report cases of child sexual exploitation to the police and relevant authorities.
In a landmark ruling in 2024, the Supreme Court stated that viewing and downloading child pornography is a crime. It emphasized that social media intermediaries are required to report such content to law enforcement. Failure to do so makes these platforms criminally liable.
An application filed by the NGO Just Rights for Child highlighted that both the central government and social media intermediaries are not adhering to the Supreme Court’s 2024 ruling. In response, the Supreme Court has sought clarification from the government on why these platforms are not reporting instances of child pornography to the police.
Senior Advocate H.S. Phulka remarked, “Currently, videos of child sexual exploitation are not only spreading rapidly on Instagram but are also being actively promoted. The Indian government has taken stringent measures to curb this issue. However, on September 2, 2024, the Supreme Court made it clear that all social media operators—whether Meta, Telegram, or others—are responsible for blocking such videos and reporting them to the police.”
Phulka further stated, “The Supreme Court has indicated that cases will be filed under the POCSO Act against those who download and view child pornography. Individuals who download and circulate such videos face a penalty of up to seven years in prison.”
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