NHRC Issues Notices to MeitY and I&B Ministry Over Instagram's Role in Child Sexual Abuse Material Circulation

Details have also been sought regarding the regulatory status and obligations of Meta

NEW DELHI: National Human Rights Commission has issued notices to the ministries of electronics and information technology (MeitY) and information and broadcasting (I&B) as part of the ongoing scrutiny of circulation of child sexual abuse material on Instagram. NHRC member Priyank Kanoongo, whose bench issued the notices on Sept 2, highlighted that the inquiry was no longer confined to who uploaded objectionable content on a platform. "It also examines the extent to which the platform's own editorial and publishing systems participate in the generation, selection, circulation, amplification or monetisation of content," he said. The bench has asked whether a digital platform's legal position can continue to be treated merely as that of a passive intermediary when its systems actively generate, modify, curate, recommend, publish, amplify or monetise content. The commission has specifically asked the I&B ministry whether Meta falls within its regulatory purview as a publisher or publisher of online curated content under IT Rules, 2021 wherever the company's systems generate, modify, curate, recommend, publish or amplify content. Meta owns Facebook, Instagram and WhatsApp. Details have also been sought regarding the regulatory status and obligations of Meta and the action required to be taken by the ministry under the existing regulatory framework. The notices to the minis-tries follow ones issued to Delhi Police in July after NHRC took cognisance of allegations concerning paid ads on Instagram that facilitated access to child sexual abuse material. The commission has now sought action taken reports within two weeks from MeitY and the I&B ministry.

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The matter arose after media reports by BBC World Service alleged that paid advertisements using terms such as "rape video" and "child video" were being displayed on Instagram to redirect users to Telegram channels where such material was allegedly offered for sale. The bench has also sought a response from MeitY regarding compliance with the provision on mandatory reporting of offences under Pocso Act 2012 and on whether the matter was reported to the special juvenile police unit or the local police. If not, MeitY has been asked to identify the officer or authority responsible and indicate the action taken for the lapse. Material placed before NHRC includes screenshots of Meta's systems which, according to the complainant, provide suggestions relating to content ideas, audience engagement strategies and monetisation methods.

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