The story so far
The Ministry of Electronics and Information Technology (MeitY) has directed Meta to disable the advertisements and content on Instagram that allegedly promote or facilitate access to Child Sexual Exploitative and Abuse Material (CSEAM). The government has also sought a detailed explanation from the platform within seven days.
Also read | IT Ministry to summon Meta officials over report on child sexual abuse advertisements on Instagram
How did this happen?
The issue came to light following a BBC Eye investigation into paid advertisements on Instagram allegedly promoting child sexual abuse material in India.
Taking cognisance, IT Minister Ashwini Vaishnaw reportedly ordered senior officials in MeitY to examine the matter. Based on the initial findings, the Ministry issued a notice to Meta, demanding that such advertisements be blocked. It also asked for the details on the action taken by the platform and information on its policy against CSEAM.
What did the BBC investigation allege?
The BBC Eye investigation alleged that Instagram was carrying paid advertisements promoting child sexual abuse material in India. It said the advertisements redirected users to Telegram channels where such material could allegedly be bought.
What are Meta’s policies on such content?
Meta says it has a “zero tolerance policy” for soliciting or sharing child sexual abuse material (CSAM). In response to the BBC’s report, the platform said it had deployed technology to detect such advertisements but was in a “constant battle” with criminals attempting to evade detection across its 3.5 billion users.
Meta’s advertising policy also prohibits advertisements containing nudity, sexually explicit imagery, sexually suggestive content or material that violates its Community Standards on adult nudity and sexual activity.
Why is this a legal issue in India?
India’s legal framework imposes stringent obligations on digital platforms to prevent the circulation of child sexual abuse material.
Under the Information Technology Act, publishing or transmitting obscene material or content depicting children in sexually explicit acts in electronic form is punishable by law.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules require social media intermediaries to exercise due diligence and remove such content within 24 hours upon receiving actual knowledge or a valid complaint. Failure to comply may result in the loss of the “safe harbour” protection that shields intermediaries from liability for third-party content.
The Protection of Children from Sexual Offences (POCSO) Act criminalises the use of children for pornographic purposes and prescribes punishment for creating, possessing, storing, transmitting, distributing or facilitating child sexual abuse material. It mandates the reporting of offences involving children.
What other mechanisms does the government have to tackle such content?
The National Cyber Crime Reporting portal, operated by the Ministry of Home Affairs, enables citizens to report cybercrimes, with a special focus on offences against children. The Indian Cyber Crime Coordination Centre (I4C) coordinates efforts among law enforcement agencies to investigate and combat cybercrimes, including those involving child sexual exploitation.
Apart from this, the government periodically blocks websites hosting child sexual abuse material based on lists shared by Interpol through the Central Bureau of Investigation (CBI). Internet Service Providers (ISPs) have been instructed to block access to such content.
The government has also issued an order to ISPs, directing them to implement the Internet Watch Foundation, U.K., or Project Arachnid, Canada list of CSAM websites or webpages on a dynamic basis and prevent users from visiting such sites.
A memorandum of understanding has been signed between India’s National Crime Records Bureau and the National Centre for Missing and Exploited Children of the United States for the sharing of tipline reports on online child sexual abuse material and child sexual exploitation content. The reports, as received from the Centre, are shared online with States and Union Territories through the National Cybercrime Reporting portal for further action.
What happens next?
Meta is expected to respond to the government’s notice within seven days. After reviewing its explanation and the measures it has taken, MeitY will decide whether any further regulatory or legal action is warranted.
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