Rights Body Questions Instagram Over Ads Allegedly Linked To Child Abuse Content

The National Human Rights Commission (NHRC) has sought detailed explanations from the Centre and Delhi Police over allegations that paid Instagram advertisements were being used to direct users towards Child Sexual Abuse Material (CSAM).

A bench headed by NHRC member Priyank Kanoongo has directed the Ministry of Electronics and Information Technology (MeitY), Ministry of Information and Broadcasting (MIB) and Delhi Police to submit point-wise Action Taken Reports within two weeks.

The action follows media reports alleging that Instagram ads containing phrases such as “rape video” and “child video” redirected users to Telegram channels where such material was allegedly being sold. The reports also claimed that the advertisements passed through Meta’s review systems and remained accessible even after users reported them through the platform’s grievance mechanism.

NHRC Seeks Answers On POCSO Reporting

The Commission said that, if established, the allegations could involve the sexual exploitation of children, creation and circulation of abusive material, its promotion and monetisation, and potentially organised criminal activity.

The NHRC has asked MeitY to clarify whether the alleged offences were reported as required under Section 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The ministry must state whether the matter was reported to the Special Juvenile Police Unit or local police after the alleged offences came to its notice. If no report was filed, MeitY has been asked to identify the authority responsible and explain what action was taken over any failure to report.

The Commission has also cited a Supreme Court ruling stressing prompt reporting, preservation of electronic evidence and coordinated efforts to identify and protect child victims.

It further noted that the safe-harbour protection available to intermediaries under Section 79 of the Information Technology Act does not automatically override obligations under the POCSO Act.

Meta’s Role Comes Under NHRC Lens

A major issue raised by the NHRC is whether Meta can continue to be treated solely as a passive intermediary when its own systems actively influence the creation and distribution of content. Material placed before the Commission reportedly includes screenshots showing Meta tools providing suggestions related to content formats, captions, calls-to-action, posting schedules, audience engagement and monetisation.

The NHRC has questioned whether a platform that generates, modifies, curates, recommends, publishes, amplifies or monetises content could assume a role beyond that of an intermediary. The Commission said the determination should be based on the platform’s actual functions and degree of control rather than the terminology used to describe it.

The issue becomes particularly significant when recommendation and monetisation systems are allegedly connected to content involving child sexual exploitation.

MIB Asked To Examine Meta Under IT Rules

The NHRC has asked the MIB to examine Meta’s position under Rules 2(1)(q), 2(1)(s) and 2(1)(u) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The ministry has been asked to determine whether Meta’s involvement in generating, curating, recommending, publishing or amplifying content could bring it within provisions applicable to publishers or publishers of online curated content.

The MIB must also clarify Meta’s regulatory status and obligations, if applicable, and indicate what action may be required under the existing framework.

Delhi Police Asked For Further Report

The NHRC has taken Delhi Police’s earlier report on record and granted the Commissioner of Police an additional two weeks to submit further details. The police have been asked to provide information on the investigation, including communications with Telegram and any action taken based on information obtained from the platform.

The Commission has directed all three authorities to provide specific, point-wise responses supported by contemporaneous records rather than broad or general submissions.

The proceedings could have wider implications for digital-platform accountability in India. Beyond examining those who upload or distribute illegal material, the NHRC is now considering whether a platform’s own systems can contribute to the selection, promotion, circulation or monetisation of such content—and whether that role could affect its legal status under India’s digital and child-protection laws.