Supreme Court Addresses Child Safety

Supreme Court Ruling on Child Protection and Social Media Regulation

Constitutional References:

• Article 21: Right to life and personal liberty.
• Article 19(1)(a): Right to freedom of speech and expression.

Legal Framework:

• POCSO Act: Protection of Children from Sexual Offences Act.
• IT Act: Information Technology Act, which contains special penal provisions for the protection of children.

Key Findings:

• The Supreme Court emphasizes the lack of compliance by social media intermediaries regarding child protection measures.
• In 2024, the Court issued directions aimed at preventing the circulation of Child Sexual Exploitation and Abuse Material (CSEAM) and noted no significant action has been taken despite two years.

Directives from the Supreme Court:

1. Intermediaries Responsibility: All social media platforms must ensure CSEAM is not offered, hosted, uploaded, or promoted directly or indirectly. This includes the use of paywalls or subscription models.

2. Framework for Penalties: The Centre is directed to create a framework for imposing monetary fines on intermediaries for breaches of duties under the IT Act. Penalties should consider:

   • Gravity and duration of the violation
   • Size and turnover of the intermediary

3. Revenue Forfeiture: Revenue derived from any CSEAM through paywall or subscriptions must be forfeited.

4. Right to Internet: Recognizes the right to access the internet as fundamental, especially highlighting that children have the same rights to protection and free speech.

5. Guidelines for Content Detection: Directs the Centre to formulate guidelines for using perceptual hash matching and URL listing to detect and remove CSEAM.

6. National Hash & URL List Database: Creation of a database for detecting and removing CSEAM.

7. Due Diligence: Intermediaries must conduct proper verification before detecting and removing CSEAM of "Unknown Origin."

Suggestions for Legislative Amendments:

• Parliament is advised to amend the POCSO Act to change the term "child pornography" to "child sexual exploitative and abuse material" to better reflect the nature of the offenses.

Importance of Action:

• The Court reiterated the urgency for all stakeholders, including regulatory authorities and social media platforms, to implement safeguards against CSEAM, emphasizing that unregulated access can pose significant risks to children.

This ruling highlights the critical intersection of children's rights, digital safety, legal responsibility, and the need for proactive measures to enhance child protection in the digital realm.