India's Supreme Court has delivered a stringent directive to social media platforms, mandating the complete elimination of child sexual exploitation and abuse material (CSEAM) offered or promoted through paywalls or subscriptions. On October 15, a bench of Justices JB Pardiwala and K Vinod Chandran expressed profound disappointment over the persistent non-compliance by intermediaries with earlier court orders designed to protect children online.
The apex court specifically highlighted how social media algorithms were being exploited to disseminate indirect links to harmful content, thereby circumventing critical legal safeguards like Sections 15 and 67B of the POCSO Act and provisions of the IT Act. The bench noted repeated disregard for its directions, including those issued in 2024, and lamented that despite over two years passing since previous judgments, progress remained 'negligible', revealing an 'unsettling reality' regarding child safety.
"Every intermediary must ensure that no CSEAM, or any other material having the propensity or likelihood to harm children, is offered, hosted, uploaded, promoted or circulated through such paywall or subscription, either directly or indirectly," the court firmly stated. Due to the lack of 'earnest initiative' from both regulatory bodies and intermediaries, the Supreme Court felt compelled to intervene directly, asserting that there is no place for non-consensual, exploitative content on platforms accessible to vulnerable children.
The court further directed the Central government to devise a framework for imposing substantial monetary fines on intermediaries for breaches of duties under the IT Act and Rules. These penalties, it specified, should consider the gravity, duration, recurrence of default, and the intermediary's financial scale. Crucially, any revenue generated from hosting or promoting CSEAM via paywalls or subscriptions must be forfeited.
Underscoring a fundamental principle, the bench affirmed that internet access is a fundamental right under Article 21 read with Article 19(1)(a) of the Constitution. "Our children, irrespective of their age, enjoy the same rights… The safety of our children and their freedom are not at odds with each other. Our children are entitled to both," the court concluded, urging the establishment of a robust framework for a safer digital future for India's youth.
Image: siasat.com
📰 Source: Siasat Gulf