India's Supreme Court has raised significant concerns regarding social media platforms' compliance with mandatory reporting requirements under the Protection of Children from Sexual Offences (POCSO) Act. The court has specifically sought a response from the Centre regarding allegations that these platforms are failing to report child sexual exploitative and abuse material (CSEAM) directly to Indian authorities.
Reporting Lapses Alleged by Petitioners
The core of the issue stems from an application alleging that some social media platforms, upon detecting CSEAM, report these cases to the US-based National Center for Missing & Exploited Children (NCMEC) instead of the Special Juvenile Police Unit (SJPU) or local police, as mandated by Indian law. Petitioners argue that this practice may not fulfill the platforms’ legal obligations to Indian authorities under the POCSO Act.
The plea calls for several actions:
- Criminal action against intermediaries that fail to comply with mandatory POCSO reporting requirements.
- Implementation of a uniform standard operating procedure (SOP) for detecting CSEAM, reporting cases, preserving digital evidence, and sharing relevant IP details with investigating agencies.
- Prompt inclusion of individuals involved in CSEAM cases in the National Database of Sexual Offenders, where legally applicable.
Previous Ruling and Legal Precedent
These concerns follow a 2024 Supreme Court ruling that clarified the responsibilities of intermediaries in child sexual abuse cases. That ruling established that intermediaries must meet specific due diligence requirements to claim safe-harbor protection under the Information Technology Act. It explicitly stated that POCSO mandates intermediaries to report child sexual abuse cases to the SJPU, local police, or designated cyber-crime reporting mechanisms.
The court had further clarified that intermediaries cannot rely on IT Act safe-harbor protection if they fail to meet mandatory POCSO reporting obligations, asserting that POCSO would prevail in any inconsistency with other laws.
Government Response Sought
In response to the current application, the Supreme Court has permitted the petitioners to implead the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice. Both ministries have been directed to respond to the concerns regarding alleged violations by social media intermediaries.
The petitioners have also advocated for a centralised online portal. This portal would enable intermediaries to report CSEAM and securely share digital evidence with Indian authorities more efficiently. The Supreme Court has scheduled the next hearing for September 24, 2026, and has instructed the Centre to submit its counter-affidavit two weeks prior to that date.