Supreme Court’s child safety crackdown: National abuse database, safe touch lessons and new safeguards against online abuse

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The Supreme Court has asked the Centre to develop a nationwide system to identify and remove child sexual exploitation and abuse material (CSEAM) from online platforms, while directing schools to introduce age-appropriate lessons on consent, bodily safety and digital risks.

In a 137-page order dated October 15, seen by Moneycontrol, a bench of Justice JB Pardiwala and Justice K Vinod Chandran called for stronger technological safeguards, tighter reporting requirements for social media intermediaries and penalties for platforms that repeatedly violate their legal obligations.

The directions came in proceedings in Just Rights for Children Alliance & Anr v S Harish & Ors, in which the court examined the implementation of safeguards against the online circulation of material depicting child sexual exploitation and abuse.

The bench also called for a coordinated child-protection framework involving government agencies, educational institutions, parents, child rights bodies and online platforms, observing that technological interventions alone cannot ensure children's safety.

Centre asked to build a common system to track abusive content

The court identified a major weakness in the existing system: content detected and removed by one platform may continue circulating elsewhere because other intermediaries do not automatically receive information about it.

To address this gap, the bench directed the Union government to establish a National Hash and URL List Database, either through the Indian Cyber Crime Coordination Centre's Sahyog Portal or as a separate repository.

The database will contain digital identifiers, known as hashes, and web addresses associated with material verified as CSEAM. It must not store the abusive material itself.

The court said entries must be screened through multiple stages, including preliminary assessment using specialised software and independent verification by at least three trained human analysts. Confirmed identifiers must be entered through encrypted channels.

Platforms will be required to compare content against the database and immediately disable material matching an existing entry, without conducting another round of verification.

The court differentiated such matches, classified as material of “Known Origin”, from newly identified material of “Unknown Origin”. In the latter category, platforms must first undertake verification and due diligence, remove the material where warranted, and report it to the appropriate authorities and the designated database administrator.

The bench also asked the Centre to frame standard operating procedures and periodically updated guidelines prescribing the technological measures intermediaries must use. The government must disclose the tools already deployed by platforms and assess the feasibility of industry-wide adoption.

Platforms face tighter deadlines and greater scrutiny

The court called for a more accountable system for handling complaints involving CSEAM, including clearer reporting channels and stronger oversight of grievance officers.

Every intermediary must prominently display the details of its grievance officers and complaint procedures on the homepage or opening screen of its website or application. The information must remain updated, and a dedicated category for reporting CSEAM must be accessible within two steps of the relevant content, profile, group or link.

Complaints must be examined by trained grievance officers. Automated tools may assist the preliminary screening, but the final decision cannot be left to automation alone.

Each complaint must be acknowledged within 24 hours, accompanied by a reference number that enables the complainant to track its progress. Platforms must communicate their decisions and the reasons behind them.

The court prescribed a two-hour reporting deadline for newly detected material in specified circumstances. Where removal follows a complaint, reporting must occur immediately after the complaint is resolved and no later than two hours thereafter. Material identified through a platform's own due diligence or removed pursuant to a court order or reasoned government intimation must also be reported within two hours of removal.

For material matching an existing database entry, platforms must send consolidated weekly reports to the designated authority.

Intermediaries must additionally publish monthly compliance reports setting out the complaints received, action taken, time taken to resolve them and material removed or disabled. CSEAM-related complaints must be listed separately, and the reports must undergo independent audits.

The court also directed that users be informed when content is removed, including whether the decision resulted from a platform's own detection or a match against the national database. Separate grievance procedures must be available for challenging removals based on the method used.

Court proposes financial consequences for violations

The bench asked the Centre to consider exemplary monetary penalties against intermediaries that breach obligations under the IT Act and IT Rules. The proposed framework should account for the seriousness, duration and recurrence of violations, along with the size and turnover of the platform concerned.

The court also addressed the commercial exploitation of abusive material. It said revenue earned from CSEAM or other prohibited content circulated directly or indirectly through paywalls or subscription services should be forfeited and disgorged.

Platforms must scrutinise paid content to prevent the hosting, promotion or circulation of material prohibited by law. They must also ensure that children cannot subscribe to or access content that is obscene, sexually explicit or otherwise harmful to them.

The Centre has been asked to formulate guidelines for examining subscription-based content and introducing proportionate restrictions on what children can access.

Schools told to teach children how to recognise abuse

Alongside its directions to technology companies, the court stressed that children need the knowledge to identify inappropriate behaviour and seek help.

It directed that lessons about the body, safe and unsafe touch, and consent begin at the primary-school level, with the content adapted to children's ages. Schools must also teach respect for others, healthy relationships and the consequences of sharing intimate images without consent.

Children should be equipped to recognise online grooming, enticement, sexual extortion and attempts to misuse their personal information. They must know how to report incidents and approach trusted adults without fear of blame.

The National Council of Educational Research and Training and the State Councils of Educational Research and Training must develop digital safety and age-appropriate sex education as part of the core curriculum, in consultation with child psychologists, educators and parenting experts.

The court said the material should be suitable for different literacy levels and use written lessons, illustrations and audio-visual formats.

Schools must display the Child Helpline number 1098, Cyber Crime Helpline 1930, the National Cyber Crime Reporting Portal and details of state-wise nodal officers in classrooms, hostels, libraries and computer laboratories. The information must also be published on institutional websites.

Internet-connected devices and networks at educational institutions must have proportionate filters against harmful material. The directions also cover hostels, childcare institutions, tuition centres and coaching centres, with greater rigour.

Parents, teachers and governments assigned responsibilities

Teachers and other school personnel must receive training to identify abuse, grooming and online harassment, respond appropriately to disclosures, and understand their reporting duties under Sections 19 and 21 of the Protection of Children from Sexual Offences (POCSO) Act. Confidentiality concerning the child must be maintained, and non-teaching staff must also be sensitised.

Schools must periodically organise programmes for parents and guardians on digital risks, parental controls, safety settings and signs that a child may be distressed. The court said parents should also be guided on monitoring online activity without creating mistrust or communication problems.

The Union and state governments, working with the respective child rights commissions, must run sustained awareness campaigns on the POCSO Act and different forms of child exploitation. The campaigns must use television, social media, SMS and telecommunications, OTT platforms, print media and public signage.

Online platforms must periodically remind children about available safety features, privacy settings and reporting options. Cautionary prompts must appear when a child attempts to communicate with an unknown adult, while searches associated with CSEAM must trigger appropriate warnings.

The court also directed governments to ensure free counselling, psychological support and therapy from trained professionals for victims, for as long as necessary. Follow-up arrangements must be established to monitor their continued wellbeing.

Court cautions against blanket restrictions on children's internet access

The bench favoured proportionate safeguards over a blanket prohibition on children's internet access. It discussed measures such as dedicated child accounts, private-by-default settings and restrictions on messages or contact from unknown adults.

The court also clarified that the proposed database and associated technological safeguards must remain limited to identifying and removing CSEAM.

The Union government has been directed to formulate the necessary guidelines, standard operating procedures and amendments to the IT Act and IT Rules, wherever required. It must file an affidavit detailing progress towards implementing the directions.

The matter has been listed for further hearing on December 10.