NHRC summons Delhi Police Commissioner over delay in enquiry into Instagram ads promoting child sexual abuse material

New Delhi: The National Human Rights Commission (NHRC) on Wednesday issued summons to the Delhi Police Commissioner for failing to submit an Action Taken Report (ATR) within the stipulated time in a case concerning allegations that paid advertisements displayed on Instagram promoted Child Sexual Abuse Material (CSAM) in India and redirected users to Telegram channels where such content was allegedly being offered for sale.

A Bench presided over by NHRC Member Priyank Kanoongo had earlier taken suo motu cognisance of media reports published by the BBC World Service alleging that advertisements carrying expressions such as “rape video” and “child video” were displayed on Instagram and continued to remain accessible despite being reported through the platform’s grievance mechanism.

The apex human rights body had, on July 8, issued a notice to the Delhi Police Commissioner under Section 12 of the Protection of Human Rights Act, 1993, directing submission of an ATR within 15 days.

After no report was filed, the NHRC issued a reminder on July 29 granting a further seven days while warning that coercive powers could be invoked.

Observing that the requisite report was still not received despite the reminder, the NHRC, after considering the matter on Wednesday, took a “very serious view” and directed that summons be issued to the Delhi Police Commissioner.

It directed the Commissioner to appear in person before the Commission on September 7 at 11.30 a.m. at its office in Manav Adhikar Bhawan, New Delhi, along with the requisite report and an explanation for the delay in its submission.

However, the NHRC clarified that the personal appearance would stand dispensed with if the required report is received on or before August 31.

“Take further notice that in case you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in Order 16 Rule 10 and Order 16 Rule 12 CPC,” the summons said.

According to the media reports taken cognisance of by the apex human rights body, paid advertisements displayed on Instagram allegedly used terms such as “rape video” and “child video” to redirect users to Telegram Messenger channels where CSAM was purportedly being sold.

Taking note of the allegations, the NHRC had observed that, if found to be true, they disclose “a matter of exceptional gravity involving the online sexual exploitation of children, dissemination and monetisation of Child Sexual Abuse Material, possible facilitation of organised criminal activity through digital platforms, and serious concerns regarding the efficacy of intermediary due diligence, algorithmic moderation and child safety mechanisms.”

It had also said that the allegations, prima facie, warranted examination under the Protection of Children from Sexual Offences (POCSO) Act, the Information Technology Act, the Digital Personal Data Protection Act, 2023, and other statutory frameworks governing online child safety.

Referring to a Supreme Court decision, the NHRC had stressed that social media intermediaries are under a mandatory obligation to report offences under the POCSO Act to the Special Juvenile Police Unit or the local police, apart from reporting them to the National Center for Missing & Exploited Children (NCMEC).

Entrusting the matter to the Delhi Police for an expeditious enquiry, the apex human rights body had sought a comprehensive ATR detailing the preservation of electronic evidence, identification of victims and perpetrators, compliance by Meta and other intermediaries with statutory reporting obligations under Sections 19 and 20 of the POCSO Act, registration of criminal cases wherever warranted, tracing of the financial trail behind the advertisements, and measures undertaken to rescue, rehabilitate and protect child victims.

The NHRC had further directed the Delhi Police to examine whether Meta Platforms Inc., its responsible officers and other intermediaries had complied with their mandatory reporting obligations under the POCSO Act and, if any failure was found, to initiate appropriate legal proceedings in accordance with law.

IANS