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The Supreme Court on September 24, 2026, granted the Union Government one final opportunity to place on record its response explaining the steps taken to implement the Court’s earlier directions concerning Child Sexual Exploitation and Abuse Material (CSEAM) on social media platforms.
A Bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran was hearing proceedings arising from Just Rights for Children Alliance & Anr. v. S. Harish & Ors. The matter concerns alleged gaps in the reporting of CSEAM by social media intermediaries and the need for a uniform mechanism governing detection, reporting and preservation of related electronic evidence.
The Court’s August 14, 2026 order had directed the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to file a counter/report. On September 24, the Bench noted that the response had still not been filed.
Background
The proceedings relate to the Supreme Court’s September 2024 judgment concerning the legal obligations surrounding CSEAM. The present application raises concerns about whether social media intermediaries are consistently reporting such material to the authorities required under Indian law.
The applicant has sought a Standard Operating Procedure (SOP) setting out a uniform process for intermediaries. The proposed mechanism concerns matters such as detecting and reporting CSEAM, notifying the competent police authorities, preserving electronic evidence and sharing relevant information with investigating agencies.
The proceedings have also raised the question of whether reporting material to an overseas organisation such as the National Center for Missing & Exploited Children (NCMEC) is sufficient to meet reporting obligations under Indian law. The applicants have argued that reporting to the appropriate Indian authorities must also be ensured.
During the hearing, the Bench questioned the Union Government over its failure to file the report despite the earlier direction.
The Court recorded the position in clear terms:
“By our order dated 14th of August 2026, we had directed the Union of India, through the Ministry of Electronics and Information Technology, as well as the Ministry of Law and Justice, to file their counter/report as regards the subject matter of the miscellaneous application. Unfortunately, till this date, no such counter or report has come on record. The matter before us is extremely serious. We give one last opportunity to both the Ministries to file their counter/report.”
Additional Solicitor General K.M. Nataraj, appearing for the Union Government, submitted that the matter was being taken seriously and that the report was in the process of being finalised.
The Bench also sought clarity on the steps being taken to give effect to the Supreme Court’s earlier judgment and asked what safeguards the Government proposed to adopt to prevent lapses by social media intermediaries.
The application seeks a uniform SOP covering the entire process from the detection of CSEAM to reporting and preservation of relevant digital information. It also seeks defined reporting formats and timelines, preservation of IP address information and coordination between intermediaries and investigating authorities.
The proceedings have assumed significance because the Supreme Court’s earlier directions concerning intermediary obligations are now being considered alongside the practical mechanism through which those obligations are to be implemented.
The Court also permitted the applicant to assist in the formulation of the proposed SOP by submitting a draft, so that any deficiencies could be considered during the proceedings.
The Supreme Court granted the Union Government one last opportunity to file its counter/report. The Court directed the two Ministries to explain the steps taken to give meaningful effect to the directions issued in the main judgment, the measures taken to address the concerns raised in the miscellaneous application and the precautions proposed to prevent future lapses by social media intermediaries.
The matter was directed to be listed on October 15, 2026, with the Government’s report to be placed on record before then.
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