NHRC questions Meta's role, seeks Action Taken Reports from MeitY, MIB, Delhi Police on CSAM ads on Instagram
The NHRC is demanding two-week reports from MeitY, MIB, and Delhi Police on Instagram ads linked to Child Sexual Abuse Material, highlighting legal obligations under POCSO and the need for active measures to protect child victims and investigate the issue thoroughly.
A bench of the National Human Rights Commission (NHRC) has sought point-wise Action Taken Reports (ATRs) within two weeks from the Ministry of Electronics and Information Technology (MeitY), the Ministry of Information and Broadcasting (MIB), and the Delhi Police in connection with allegations of advertisements on Instagram that allegedly facilitated access to Child Sexual Abuse Material (CSAM/CSEAM).
What NHRC said
According to ANI, the NHRC bench headed by Priyank Kanoongo also noted that the allegations, which came to light following a BBC World Service report, would not merely concern objectionable online content but could involve sexual exploitation of children, recording, circulation, promotion and monetisation of such material, and possible organised criminal activity.
The Commission has emphasised examination under the POCSO Act, 2012, the Information Technology Act, 2000, and the applicable intermediary framework, including preservation and forensic scrutiny of electronic evidence, identification of persons involved, tracing of financial trails, and the rescue, protection, and rehabilitation of child victims.
The bench has specifically sought a response from MeitY regarding compliance with Section 19 of the POCSO Act, 2012, which provides for mandatory reporting of offences. The Commission has asked whether, after acquiring knowledge of the alleged offences, the matter was reported to the Special Juvenile Police Unit (SJPU) or the local police.
The NHRC has directed MeitY, MIB and the Delhi Police, along with the concerned authorities, to submit specific and point-wise reports within two weeks.
NHRC questions Meta's role
The bench also questioned if a digital platform’s own systems actively generate, modify, curate, recommend, publish, amplify or monetise content, its legal position can continue to be treated merely as that of a passive intermediary.
Allegations against Meta
In July, a BBC Eye investigation revealed that Instagram's advertising system in India ran paid ads for CSAM. According to the BBC, the ads directed users to external Telegram channels to purchase explicit videos. The investigation found around 30 paid advertisements on Instagram using explicit terms. It also found that Instagram actively promoted such content with no effective checks in place despite Meta’s ad policy explicitly banning nudity.
Following the allegations, MeitY issued a stern notice to Meta, ordering the immediate removal of all violating ads and demanding a detailed explanation within 7 days. It also ordered Instagram to disable all ads and content promoting and facilitating access to CSEAM and demanded a detailed explanation bound to a deadline.
What Meta said
In its response, Meta said that the allegations about CSAM ads on Instagram were “categorically inaccurate.”
Meta also outlined its efforts to combat child sexual abuse material (CSAM) across its apps, highlighting AI-powered detection and large-scale enforcement actions, and, in a blogpost, promised to continue investment in technology and resources to keep young people safe and strengthen its ad review processes.