Polity & Governance | GS II
The Ministry of Electronics and Information Technology (MeitY) directed Meta to disable advertisements and content on Instagram allegedly promoting or facilitating access to Child Sexual Exploitative and Abuse Material (CSEAM), bringing attention to the responsibilities of digital intermediaries under Indian law.
What is Child Sexual Exploitative and Abuse Material (CSEAM)?
CSEAM refers to any image, video, live stream, or digital content showing the sexual abuse or
exploitation of children. The term CSEAM is preferred over "child pornography" because it recognises children as victims of abuse rather than participants.
Who is an intermediary?
An intermediary is an entity that receives, stores or transmits information on behalf of users.
Examples:
- Social media platforms
- Search engines
- Messaging services
- E-commerce platforms
- Internet service providers
• Social media intermediary having more than 50 lakh (5 million) registered users in India, will be notified as Significant Social Media Intermediary (SSMI) under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Legal Framework in India governing online intermediaries
Information Technology Act, 2000
- Penalizes publishing or transmitting obscene material in electronic form.
- Provides stricter punishment for publishing or transmitting sexually explicit material involving children.
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
- Require social media intermediaries to exercise due diligence.
- Platforms must remove unlawful content, including CSEAM, within 24 hours upon receiving actual knowledge or government/court direction.
- Failure to comply may result in the loss of safe harbour protection.
Safe Harbour Protection
- Under Section 79 of the IT Act, intermediaries are protected from liability for third-party content if they comply with due diligence requirements.
- Failure to comply may result in the loss of this protection.
Government Mechanism Against Online Child Abuse
- National Cyber Crime Reporting Portal for reporting cybercrimes, including crimes against children.
- Indian Cyber Crime Coordination Centre (I4C) coordinates efforts against cybercrime.
- The government can direct Internet Service Providers (ISPs) to block websites hosting unlawful content.
- Inputs are also received from agencies such as Interpol and domestic investigative agencies.
Conclusion:
As digital platforms become central to communication, ensuring intermediary accountability while protecting users, especially children, is essential for a safe and responsible digital ecosystem.