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New Delhi. The Supreme Court on Friday sought answers from the Central Government regarding reporting of online content to sexual exploitation of children. The apex court issued a notice to the Center asking why social media intermediaries like Instagram and X were not reporting the content to sexual exploitation of children to the police and concerned agencies. This matter came to light during the hearing on the petition filed by NGO Just Rights for Children. The petition alleged that the Central Government and social media intermediaries are not fully following the Supreme Court's decision of 2024.

What did the Supreme Court say in the 2024 decision?

In an important decision given on 2 September 2024, the Supreme Court had made it clear that watching and downloading sexually exploitative content to children can also fall under the category of crime. The court had also clarified the responsibility of social media platforms and other intermediaries. According to the decision, if content to sexual exploitation of children comes to light, it is the responsibility of the social media intermediary to remove or block it and inform the concerned law enforcement agencies.

Question of criminal liability for not reporting

In the petition, this issue was raised before the Supreme Court that if social media platforms do not give information about such content to the police or agencies, then their criminal liability should be fixed. Senior Advocate H.S. Phulka said before the court that along with the rapid spread of videos to sexual exploitation of children on platforms like Instagram, complaints are also being received about promoting their spread.

He said that in the Supreme Court's decision of September 2, 2024, it was made clear that it is the responsibility of intermediaries like Meta, Telegram or other social media platforms to block videos to sexual exploitation of children and also report to the police.

The law clamps down on those who download and share

H.S. Phulka said that the Supreme Court in its decision has said that action will be taken under the POCSO Act against those who download and watch objectionable content to sexual exploitation of children from social media. He said that there is a provision of punishment of up to seven years against those who download such videos and make them viral.

Answer sought from center

After the notice of the Supreme Court, now the Central Government will have to clarify how the social media intermediaries are reporting the information to the sexual exploitation of children to the police and agencies and what steps have been taken to ensure compliance with the directions of the Supreme Court of 2024. The court's questions during the hearing of this case have once again focused on the accountability of social media platforms and the effective implementation of the legal system in place to protect children from online sexual exploitation.