NHRC issues fresh notice to Meta over CSAM on Instagram, Facebook
Synopsis
Key Takeaways
The National Human Rights Commission (NHRC) has sharply escalated its scrutiny of Meta Platforms over the alleged circulation of Child Sexual Abuse Material (CSAM) on Instagram and Facebook, issuing a second formal notice on 3 August while a parallel probe — triggered by BBC reports — continues to advance. The Commission is now pursuing two concurrent proceedings against the social media giant, with multiple state police forces, the Ministry of Electronics and Information Technology (MeitY), and Meta's own law enforcement desk all under directions to act.
What the August 3 Notice Demands
The latest notice followed a complaint from a non-profit foundation that received an anonymous tip-off about pornographic and age-inappropriate links on Instagram and Facebook potentially containing CSAM. The foundation submitted a list of URLs strictly for investigative purposes, clarifying that it had neither accessed, downloaded, viewed, nor stored the content — in compliance with the POCSO Act, 2012, and the IT Act, 2000.
The NHRC has directed the Secretary of MeitY, the Directors General of Police of West Bengal, Chandigarh, Haryana, Odisha, and New Delhi, and Meta's Head of Law Enforcement (India) to submit detailed Action Taken Reports within one week. State police forces have been instructed to examine the flagged URLs through their cyber crime or special juvenile police units, register FIRs where cognisable offences are established, identify and prosecute those responsible, and immediately rescue any identified child victims for production before the Child Welfare Committee.
MeitY must report on the blocking of the URLs, action taken against the intermediary, and long-term child safety measures. Meta has been directed to remove the content, preserve metadata and IP logs, comply with reporting obligations under Section 19 of the POCSO Act, and detail its preventive mechanisms.
The Earlier BBC-Triggered Probe
The August notice builds on a prior intervention. On 8 July, the NHRC took cognisance of BBC World Service reports alleging that paid advertisements on Instagram promoted CSAM in India using search terms such as 'rape video' and 'child video', redirecting users to Telegram channels where the material was allegedly offered for sale. According to those reports, the advertisements had passed through Meta's own review mechanism and remained live even after being flagged through the platform's grievance system — until the BBC directly brought them to Meta's attention.
The NHRC Bench, presided over by member Priyank Kanoongo, is conducting these proceedings under Section 12 of the Protection of Human Rights Act, 1993. The July notice directed Delhi Commissioner of Police Anurag Kumar to conduct a comprehensive investigation, preserve electronic evidence including advertisement records, metadata and financial trails, identify advertisers, perpetrators, and child victims, and examine whether Meta had complied with mandatory reporting obligations under Sections 19 and 20 of the POCSO Act. The Commission also noted potential liability under Section 23(3) of the Act.
Delhi Police FIR and Compliance Warning
Following the NHRC's directions from the July notice, Delhi Commissioner of Police Anurag Kumar has initiated a priority investigation and is reportedly ensuring the registration of an FIR against Meta Platforms for offences under the POCSO Act and other applicable laws.
However, the Commission had to issue a reminder on 29 July after Delhi Police failed to submit its Action Taken Report within the stipulated 15 days. The NHRC warned that non-compliance within a further seven days could trigger invocation of its coercive powers under Section 13 of the Protection of Human Rights Act, 1993. Notably, the Commission cited the Supreme Court's ruling in Just Rights for Children Alliance & Another Vs S Harish & Others, reiterating that intermediaries are legally obligated to report suspected POCSO offences to both the National Centre for Missing & Exploited Children (NCMEC) and the Special Juvenile Police Unit or local police.
NCPCR Launches Formal Inquiry
In a parallel development, the National Commission for Protection of Child Rights (NCPCR) has resolved to institute a formal inquiry into the allegations concerning child sexual exploitative and abuse material on Meta's platforms, according to government sources. The decision follows Meta's response to an NCPCR notice issued on 3 July, which itself arose from suo motu cognisance of the same BBC Eye investigation. Meta Platforms Inc. submitted its reply within a week of receiving the notice. After examining the response, the NCPCR has determined the matter warrants a full inquiry to establish the facts, including whether the platform complied with applicable child protection and intermediary obligations.
What the Commission Has Emphasised
Across both proceedings, the NHRC has stressed that every instance of creation or continued circulation of CSAM constitutes a continuing violation of a child's dignity, privacy, and human rights. The Commission has called for urgent action on victim rescue, rehabilitation, and prosecution of all those responsible. With two national commissions now actively pursuing Meta and multiple state police forces under directions, the regulatory pressure on the platform in India is at its most intense yet.