In its October 15 ruling in Just Rights for Children Alliance v. S. Harish, the Supreme Court of India addressed the persistent issue of Child Sexual Exploitation and Abuse Material (CSEAM) online, asserting that excluding children from digital platforms is not a viable solution to the failure of those platforms to curb abuse. The court emphasized that children possess a fundamental right to access the internet under Article 21 and Article 19(1)(a) of the Constitution, and that their safety should not be viewed as being in conflict with their freedom. The court observed that there has been “no progress worth the name” in addressing CSEAM since it last reviewed the matter in September 2024. To combat the spread of such material, the court directed the Centre to establish a national hash and URL database. This repository will store digital fingerprints and location identifiers of abusive content, allowing platforms to cross-reference their content and trigger immediate removals upon a match. To mitigate the risk of erroneous removals of lawful content, the court mandated that at least three trained human analysts must independently verify material before its identifiers are added to the database. The ruling includes safeguards such as mandatory record-keeping, independent audits, and a clear grievance redressal mechanism for users to challenge removals. The court explicitly restricted the use of this database to CSEAM, prohibiting its repurposing for other types of content. The ruling imposes significant operational requirements on both the government and digital platforms. Platforms are required to implement a clearly labeled, accessible reporting category for CSEAM, ensure anonymous reporting, and employ trained grievance officers to review complaints. Platforms must also report removals to relevant Indian authorities, including the Special Juvenile Police Unit and local cyber-crime portals, within specific timeframes. Furthermore, the court noted that platforms must assess content holistically—including text, captions, and links—rather than focusing solely on imagery. The Supreme Court also requested that the Union government develop a framework for monetary penalties for platforms that fail to comply, taking into account the severity and recurrence of such failures. Beyond technical measures, the court emphasized the importance of education, calling for digital safety and age-appropriate sex education to be integrated into school curricula, alongside the provision of free psychological support for victims. The court acknowledged that while age-appropriate safeguards are necessary, they must be designed to avoid excessive surveillance or the collection of sensitive user data. The Centre is required to submit an affidavit detailing its progress on these directives by December 10, 2024.
Article source: Indian Express | Image credit: Indian Express