NHRC seeks reports from MeitY, MIB, Delhi Police over Instagram CSAM ads

The National Human Rights Commission (NHRC) on Wednesday sought specific, point-wise action-taken reports from the ministries of electronics and IT (MeitY), information and broadcasting (MIB) and the Delhi Police over allegations that paid advertisements on Instagram promoted or facilitated access to child sexual abuse material (CSAM) in India.

The commission took cognizance of the issue under Section 12 of the Protection of Human Rights Act, 1993, after considering media reports published by the BBC. According to the NHRC notice, a copy of which ET has seen, the advertisements allegedly used phrases such as “rape video” and “child video” and redirected users to Telegram channels where such material was allegedly offered for sale.

The notice said the advertisements had allegedly passed Meta’s review mechanism and remained accessible despite being reported through the platform’s grievance redressal system, until the matter was specifically brought to Meta’s notice by the BBC.


The NHRC said the allegations, if established, raised serious concerns relating to online child sexual exploitation, circulation and monetisation of CSAM, possible organised criminal activity, and failures in intermediary due diligence, advertisement review, content moderation and child-safety systems.

MeitY has been directed to state whether, after receiving information about the alleged offences, it reported or caused the matter to be reported to the Special Juvenile Police Unit or local police as required under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. If no report was filed, the ministry has been asked to identify the officer or authority responsible for mandatory reporting and explain the action taken for any failure, including possible action under Section 21 of the Act.

The commission also asked MeitY to examine whether Meta’s evolving technological role, including systems that generate, edit, curate, recommend, amplify or monetise content, brings it within the regulatory purview of the MIB as an online content curator or publisher under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The MIB has separately been asked to clarify whether Meta’s AI or algorithmic systems, when used to generate, modify, curate, recommend, publish or amplify content, make the company subject to the regulatory framework applicable to publishers of online curated content.

Meta did not respond to ET’s request for comment on the notice.

The NHRC said a supplementary representation submitted by the Network for Access to Justice and Multidisciplinary Outreach Foundation had cited screenshots allegedly showing Meta’s AI-enabled tools suggesting content formats, slide sequencing, captions, calls to action, posting schedules, audience engagement strategies and monetisation methods. The commission said this raised a regulatory question about whether platforms performing such functions could continue to claim the legal position of passive intermediaries.

The commission stressed that the matter involved not merely objectionable online content but alleged sexual offences against children, including the recording, circulation, promotion and monetisation of such material. It said the identification, rescue, protection and rehabilitation of child victims must remain paramount, along with strict compliance with mandatory reporting and evidence-preservation requirements.

The Delhi Police commissioner has been granted an additional two weeks to submit an updated report, including details of action taken and information sought or received from Telegram. The NHRC has directed the concerned authorities to submit their respective reports within two weeks of receiving the notice.