India Supreme Court: Demands Action on CSAM Intermediary Reporting

• The Supreme Court has strongly emphasized the severe nature of child sexual abuse material (CSAM) and urged the Union Government to address it seriously.
• Solicitor General Tushar Mehta assured the Court of the Centre's assistance, acknowledging that "Our children are at stake."
• A September 2024 Supreme Court judgment clarified that "safe harbor" provisions do not exempt social media intermediaries from POCSO Act liability.
• Intermediaries are legally required to report CSAM directly to the Special Juvenile Police Unit (SJPU) or local police under Section 19 of the POCSO Act, not just to international bodies.
• A new application seeks a robust Standard Operating Procedure (SOP) and reporting mechanism that prioritizes the immediate rescue and protection of child victims.

No Standard Operating Procedure can dilute, defer, substitute, or otherwise circumvent the statutory reporting obligation under the POCSO Act.

The Supreme Court of India recently underscored the extreme gravity of child sexual abuse material (CSAM) circulating on digital platforms, urging the Union Government to address the issue with utmost seriousness. A bench comprising Justices JB Pardiwala and K Vinod Chandran specifically directed Solicitor General Tushar Mehta to approach a plea concerning alleged lapses by social media intermediaries in handling such content with significant gravity. The Court characterized the circulation of CSAM as a "very, very, very serious matter," signaling its intent for robust action.

Solicitor General Tushar Mehta, representing the Centre, acknowledged the critical nature of the situation, stating, "Our children are at stake," and assured the Court of the government's full assistance in the matter. The plea, filed by the NGO Justice Rights for Children Alliance, not only highlighted the failures of social media intermediaries but also raised concerns regarding the dark web's role in the dissemination of such illicit material. The legal matter concerning alleged lapses by social media intermediaries in handling CSAM remains ongoing before the Supreme Court, with recent hearings in September and October 2026.

This recent hearing builds upon a significant Supreme Court judgment delivered in September 2024, which clarified the scope of social media intermediary liability in India concerning child protection. That ruling established that compliance with Section 79 of the Information Technology Act, 2000, often referred to as the "safe harbor" provision, does not automatically absolve an intermediary of its obligations under the Protection of Children from Sexual Offences (POCSO) Act.

Crucially, paragraph 258 of the 2024 judgment explicitly stated that reporting child sexual abuse material (CSAM) to the US-based National Center for Missing & Exploited Children (NCMEC) does not fulfill an intermediary's statutory duty. Instead, social media intermediaries are mandated to separately report such content directly to the Special Juvenile Police Unit (SJPU) or local police, as required by Section 19 of the POCSO Act. This distinction is vital for understanding the specific reporting obligations under Indian law.

The current Miscellaneous Application, filed through Advocate-on-Record Sunita Sharma, seeks to ensure the effective implementation of the Supreme Court's 2024 judgment. It calls for the formulation of a comprehensive Standard Operating Procedure (SOP), the establishment of a centralized reporting mechanism, and clear protocols for the detection, reporting, preservation, and investigation of CSAM by online platforms and social media intermediaries.

The core objection raised by the applicant is that any technological or administrative reporting chain must remain firmly anchored in the child-protection framework of the POCSO Act. Upon the detection of CSAM, the primary institutional questions should not merely focus on the technical aspects of who uploaded the content or from where. Instead, the immediate priority must be to ascertain the identity and location of the child depicted, ensure their present safety, and determine if they require immediate rescue, care, and protection. The application emphasizes that investigating the digital distribution of such material cannot substitute or postpone the critical investigation into the underlying abuse and the urgent need for child identification, rescue, and rehabilitation. Direct reporting to the SJPU or local police under Section 19 is presented as the mechanism that simultaneously activates both criminal investigation and the child-protection machinery. No Standard Operating Procedure can dilute, defer, substitute, or otherwise circumvent the statutory reporting obligation under the POCSO Act.

The ongoing proceedings and the Supreme Court's firm stance carry significant implications for social media intermediaries operating in India. The emphasis on direct reporting to Indian authorities, specifically the SJPU or local police under Section 19 of the POCSO Act, highlights a stringent approach to CSAM detection and reporting. This judicial scrutiny necessitates that compliance officers and legal advisors within these platforms closely monitor developments and prepare for potential new compliance obligations.

Intermediaries must review and update their internal reporting protocols to align with these stringent requirements, ensuring that their systems prioritize the immediate protection and rescue of child victims over international reporting or mere technical compliance. The Court's assertion that "Our children are at stake" underscores the moral and legal imperative for platforms to adopt robust, child-centric mechanisms for addressing CSAM, moving beyond previous interpretations of intermediary liability.

Lawyers advising social media intermediaries and compliance officers within these platforms must closely monitor the Supreme Court's ongoing proceedings and the impending formulation of a new SOP. The court is emphasizing strict adherence to Section 19 of the POCSO Act, mandating direct reporting of CSAM to Indian authorities (SJPU/local police) over international bodies, and prioritizing child protection and rescue in any reporting mechanism. Companies should review and update their internal reporting protocols to align with these stringent requirements and prepare for potential new compliance obligations.

Source: Reporting based on recent Supreme Court proceedings.