Supreme Court orders national database to remove child abuse material

The Court is establishing a comprehensive framework for the detection, removal, and reporting of such material, including the creation of a national database.

Who it concerns: Applicants: Just Rights for Children Alliance & Anr.; Respondents: S. Harish & Ors.; Bench: The Supreme Court of India (specific judges not named in the provided text); Counsel: Learned counsel for applicants and Mr. Tushar Mehta, Solicitor General for the Union of India.

What the court decided

• The Court expressed concerns over serious lapses by social media intermediaries in complying with the 2024 judgment in Just Rights for Children Alliance.
• The Court proposed to take the 'strictest of actions' by putting in place a workable framework for a safer future for children, with assistance from the Ministry of Electronics and Information Technology and the Ministry of Law and Justice.
• The Court identified the need for a 'Comprehensive National Database' for the detection and removal of CSEAM using Hash and URL lists.
• The Court noted that current detection mechanisms lack synergy across platforms and that isolated detection delays removal.
• The Court directed that it would like to hear the Union of India on specific aspects merit a considered response, including advanced mechanisms for detection and removal.
• The Court emphasized that intermediaries cannot claim 'Safe Harbour' protection under Section 79 of the IT Act if they fail to comply with POCSO Act reporting requirements to the Special Juvenile Police Unit.

Also in the document

• The Court stated that despite more than two years passing since the 2024 judgment, there has been 'no progress worth the name' and the situation has become 'even more unsettling'.
• The Court noted that social media platforms are rife with child sexual abuse material, with links being sold for amounts ranging from Rs. 40 to Rs. 5,000.
• The Court indicated that it is taking matters into its own hands due to the lack of earnest initiative by regulatory authorities and social media intermediaries.
• The order is marked as 'REPORTABLE' and is part of Criminal Appeal Nos. 2161-2162 of 2024.