NHRC seeks reports from Centre, Delhi Police over alleged Instagram ads linked to CSAM
The National Human Rights Commission (NHRC) has taken cognisance of reports alleging that paid advertisements on Instagram promoted or facilitated access to child sexual abuse material (CSAM) in India and sought point-wise reports from the Centre and Delhi Police within two weeks.
The NHRC has sought specific reports from the Ministry of Information and Broadcasting (MIB), Ministry of Electronics and Information Technology (MeitY) and the Delhi Police commissioner, according to proceedings dated September 3.
The action follows media reports by the BBC World Service alleging that paid advertisements displayed on Instagram, owned and operated by Meta Platforms Inc., used expressions such as “rape video” and “child video” and redirected users to channels on a messaging service where such material was allegedly offered for sale.
The reports also alleged that the advertisements had passed through Meta's review mechanisms and remained accessible despite being reported through its grievance system, until they were specifically brought to the company's notice by the BBC.
The NHRC said the allegations, if established, raised serious concerns over online child sexual exploitation, circulation and monetisation of CSAM, possible organised criminal activity and potential failures in intermediary due diligence, advertisement review, content moderation and child-safety mechanisms.
The complainant in the case is Namo Foundation.
The Commission directed MeitY to specifically state whether Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, had been complied with. If not, the ministry has been asked to state the reasons and identify the responsible officer or authority.
The NHRC said the matter should not be addressed through a general response on intermediary compliance and must be supported by contemporaneous records.
It also directed authorities to examine the preservation and forensic scrutiny of electronic evidence, identify advertisers and other persons involved, trace financial transactions and take steps for the identification, rescue, protection and rehabilitation of child victims.
The Commission referred to the Supreme Court's judgment in Just Rights for Children Alliance & Anr vs S Harish & Ors, which emphasised prompt reporting, preservation of electronic evidence, coordinated investigation and protection of child victims.
The NHRC noted that Section 79 of the Information Technology Act does not by itself absolve intermediaries of their obligations under the POCSO Act and related rules.
The Commission also asked MIB to examine whether Meta's generation, modification, curation, recommendation, publication or amplification of content through AI or algorithmic systems brings it within the ministry's regulatory purview under the IT Rules, 2021.
The Delhi Police commissioner has been given two weeks to submit an updated action taken report, including details of information sought from or received from Telegram and any consequential action.
There was no immediate response from Meta Platforms.
