The Supreme Court has sought the Centre’s response to allegations that social media platforms are failing to comply with mandatory reporting requirements under the Protection of Children from Sexual Offences (POCSO) Act in cases involving child sexual exploitation and abuse material.
A Bench of the Supreme Court raised concerns over the alleged lapses and directed the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to file their counter-affidavits before the next hearing.
The matter has been listed for September 24, 2026.
Plea Raises Concerns Over Reporting Mechanism
The application before the Court alleges that social media intermediaries are not directly reporting instances involving child sexual exploitation and abuse material (CSEAM) to the Special Juvenile Police Unit (SJPU) or local police, as required under the POCSO framework.
According to the allegations, platforms instead report such instances to the US-based National Center for Missing and Exploited Children (NCMEC).
The plea has sought a uniform mechanism requiring intermediaries operating in India to report such material to Indian law enforcement authorities in accordance with statutory requirements.
Petition Seeks Uniform SOP for Platforms
The petitioners have sought the formulation of a uniform Standard Operating Procedure (SOP) for social media intermediaries dealing with CSEAM.
The proposed mechanism would cover the detection and reporting of such material, preservation of electronic evidence and sharing of relevant digital information, including IP addresses, with investigating agencies.
The plea has also sought a centralised online mechanism through which platforms could report CSEAM and share digital evidence with Indian law enforcement authorities.
Concerns Over Safe-Harbour Protection
The proceedings also raise questions about the legal consequences for intermediaries that allegedly fail to comply with statutory reporting obligations.
The petition seeks action against platforms accused of non-compliance and raises concerns over whether such violations could have implications for the safe-harbour protections available to intermediaries under Indian law.
The application has further raised allegations concerning paid advertisements promoting CSEAM.
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MeitY and Law Ministry Asked to Respond
The Supreme Court has directed MeitY and the Ministry of Law and Justice to file their responses before the next hearing.
The Court’s intervention comes amid broader concerns regarding how online platforms detect, remove, preserve evidence of and report illegal child sexual abuse material.
The proceedings could therefore have implications for the responsibilities of social media intermediaries and the mechanisms through which online platforms cooperate with Indian law enforcement agencies.
Matter Listed for September 24
The Supreme Court will next consider the matter on September 24, 2026.
The Court’s consideration will include the Centre’s response to the allegations and the issues raised concerning reporting, preservation of digital evidence and coordination between social media platforms and Indian authorities.
The case could potentially shape the framework governing how intermediaries respond to child sexual exploitation and abuse material while operating in India.
