NHRC notice to Centre on child abuse ads on social media

The commission said the matter should not be addressed through a general response on intermediary compliance

The National Human Rights Commission (NHRC) has taken cognisance of reports alleging that paid advertisements displayed on a social media platform promoted access to child sexual abuse material (CSAM) in India, officials said on Thursday.

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The commission has sought specific, point-wise reports within two weeks from the ministry of information and broadcasting (I&B), the ministry of electronics and information technology (MeitY) and the Delhi Police commissioner, according to proceedings dated Wednesday.

During the proceedings, it was reported that paid advertisements on the social media site used phrases such as “rape video” and “child video” and redirected users to channels on a messaging platform where such material was allegedly available.

The NHRC directed MeitY to specifically state whether the reporting requirements under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, had been complied with. In case of non-reporting, the ministry was asked to state the reasons and identify the responsible officer or authority.

The commission said the matter should not be addressed through a general response on intermediary compliance and that the ministry’s response should be supported by contemporaneous records.

It was also reported that the advertisements had “passed through Meta’s review mechanism and remained accessible” despite being reported through its grievance mechanism, until they were specifically brought to Meta’s notice by the BBC.

The NHRC said the allegations, if established, raise concerns relating to online child sexual exploitation, the circulation and monetisation of CSAM or child sexual exploitation and abuse material (CSEAM), possible organised criminal activity, and potential failures in intermediary due diligence, advertisement review, content moderation and child-safety mechanisms.

The complainant in the case is the Namo Foundation.

The commission said it would examine whether Meta and other concerned persons had discharged their applicable reporting obligations and taken timely steps for the preservation of evidence, reporting to law-enforcement authorities, and the identification, rescue, protection and rehabilitation of child victims.

The NHRC directed the MeitY secretary to have the matter examined and submit a specific, point-wise action-taken report.

In its direction to the I&B secretary, the commission also sought clarification on whether Meta, where it “generates, modifies, curates, recommends, publishes or amplifies content through its AI/algorithmic systems”, falls within the ministry’s regulatory purview as a publisher or publisher of online curated content under the Information Technology Rules, 2021.

The commission asked the ministry to clarify, if applicable, Meta’s regulatory status and obligations and the action required to be taken by it under the existing regulatory framework.

The Delhi Police commissioner has also been granted a further two weeks to furnish the additional information sought and submit an updated action-taken report.

The report has been asked to specifically detail the action taken in the matter and information sought from or received from Telegram, if any, along with the consequential action taken.