The Supreme Court has sought a response from the Centre and other authorities on a plea seeking stronger safeguards to protect children from Child Sexual Exploitation and Abuse Material (CSEAM) circulating through social media and other digital platforms.
A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on the petition filed by the Just Rights for Children Alliance, which has raised concerns over the alleged failure of online platforms to effectively prevent the circulation and dissemination of sexually exploitative material involving children.
During the hearing, the Bench highlighted the need for stronger technological safeguards to prevent children from being exposed to harmful online content. Justice Bagchi observed that “firewalls are very necessary for children”, underlining the need for protective digital architecture in view of the widespread access of minors to internet platforms.
The petition contends that although Indian law contains stringent provisions prohibiting the creation, storage and dissemination of child sexual abuse material, online intermediaries have not adequately implemented mechanisms capable of detecting and preventing such content at the source.
According to the plea, social media platforms need to deploy more effective automated detection and filtering systems, alongside reliable age-verification mechanisms, to prevent minors from encountering sexually exploitative material while using digital services.
The petitioner has also raised concerns regarding algorithm-driven recommendations. It has alleged that automated recommendation systems may facilitate the continued exposure of users, including children, to objectionable material, thereby aggravating the risks associated with unregulated digital access.
The Bench was also apprised of the Supreme Court’s earlier judgment in Just Rights for Children Alliance v. S. Harish, decided in 2024. In that case, the Court had examined the statutory obligations imposed on intermediaries under the Protection of Children from Sexual Offences Act and the Information Technology Act.
The earlier ruling had held that intermediaries could not claim the protection of the safe-harbour regime under Section 79 of the Information Technology Act if they failed to comply with mandatory reporting obligations under Sections 19 and 20 of the POCSO Act.
In the present proceedings, the Supreme Court has sought information from the Ministry of Electronics and Information Technology and other regulatory authorities concerning the safeguards presently deployed by digital platforms. The Court has also sought clarity on mechanisms for algorithmic scrutiny and content-filtering protocols.
The proceedings assume significance amid growing judicial scrutiny of the responsibilities of technology platforms in preventing online exploitation of children. The petition seeks a more proactive regulatory and technological framework under which platforms would be required to detect, restrict and report child sexual abuse material rather than relying predominantly on complaints after such content has already reached users.
The case places before the Supreme Court a broader question concerning the accountability of digital intermediaries and the adequacy of existing safeguards in protecting children from online sexual exploitation.
The matter is now expected to be considered after the Centre and concerned authorities place their responses before the Court.
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