Guwahati: The National Human Rights Commission (NHRC) has sought detailed reports from the Centre and Delhi Police following allegations that paid advertisements on Instagram were directing users to child sexual abuse material (CSAM).
A bench headed by NHRC member Priyank Kanoongo has granted the Ministry of Electronics and Information Technology (MeitY), Ministry of Information and Broadcasting (MIB) and Delhi Police two weeks to submit point-wise responses to the allegations.
The proceedings were initiated following media reports by the BBC World Service, which alleged that paid Instagram advertisements could be found using search terms including “rape video” and “child video”. According to the reports, users who interacted with the advertisements were allegedly redirected to Telegram channels where CSAM was being offered for sale.
The reports further alleged that the advertisements passed Meta’s content moderation systems and continued to remain available even after being reported through Instagram’s grievance mechanism. The content was reportedly removed only after the BBC raised the issue directly with Meta.
The NHRC said that if the allegations are substantiated, the matter would involve concerns far beyond the presence of unlawful material online. It could potentially involve the sexual exploitation of children, the recording and distribution of abuse, promotion and commercialisation of such material, and possible organised criminal networks.
The Commission has asked the authorities to examine the allegations under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Information Technology Act, 2000, and relevant intermediary rules.
It has also called for electronic evidence to be preserved and subjected to forensic examination, along with efforts to identify the individuals involved, trace financial transactions and ensure the rescue, protection and rehabilitation of child victims.
MeitY has been specifically directed to clarify whether Section 19 of the POCSO Act was followed. The provision requires information relating to offences under the law to be reported to the appropriate authorities.
The ministry must also state whether the alleged offences were reported to the Special Juvenile Police Unit or the local police after authorities became aware of them. If no report was filed, the NHRC has sought details of the responsible officer or authority and the action taken over any alleged failure to report.
The Commission has also cited the Supreme Court’s ruling in Just Rights for Children Alliance & Anr. v. S. Harish & Ors., which emphasised timely reporting, preservation of digital evidence, coordinated investigations and measures to locate and protect child victims.
The NHRC further noted that the safe-harbour provisions under Section 79 of the IT Act do not automatically override duties imposed under the POCSO Act.
A major aspect of the proceedings concerns the extent of Meta’s role in handling and promoting content on its platforms.
According to material placed before the Commission, screenshots of Meta’s systems allegedly show the platform offering assistance relating to content ideas, formats, slide arrangements, captions, calls to action, posting schedules, audience interaction and monetisation.
This has prompted the NHRC to examine whether a platform performing such functions can always be regarded as merely a passive intermediary.
The Commission said the determination should be based on what a platform actually does rather than simply how it is legally described. Its level of editorial control and involvement in the creation, modification, selection or distribution of content could be relevant to determining its regulatory status.
The NHRC has particularly highlighted concerns surrounding recommendation algorithms, targeted amplification, content curation and monetisation when children and CSAM are involved.
It has referred to Rules 2(1)(q), 2(1)(s) and 2(1)(u) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which contain provisions concerning online curated content, publishers and publishers of online curated content, including the concept of a “significant role”.
The MIB has been asked to examine whether Meta’s functions could bring it within the regulatory framework applicable to publishers or publishers of online curated content when its systems are involved in generating, modifying, curating, recommending, publishing or amplifying material.
The ministry has also been directed to clarify Meta’s regulatory position, wherever applicable, and outline the obligations or action that may arise under the existing legal framework.
The NHRC has taken an earlier report submitted by Delhi Police on record but has given the Commissioner of Police an additional two weeks to furnish further details.
The police have been asked to provide an account of the investigation so far, including details of communications with Telegram and any action taken based on information obtained from the platform.
The Commission has directed MeitY, MIB, Delhi Police and other concerned authorities to submit their reports within the stipulated two-week period. It has specifically instructed them to provide point-wise responses backed by contemporaneous records rather than broad or general submissions.
The inquiry thus examines both the individuals allegedly responsible for uploading or circulating illegal material and the potential role played by platform systems in facilitating its selection, recommendation, distribution, amplification or monetisation.
The proceedings will also consider whether Meta’s actual functions are consistent with the role of an intermediary or whether certain activities could attract obligations applicable to publishers or publishers of online curated content.
Separately, government sources said the Centre had told Meta last month that safe-harbour protections would not extend to individuals or entities involved in violations relating to CSAM. The Centre maintained that its actions were confined to powers available under the existing legal and statutory framework.