Why is NCPCR investigating Meta, Instagram?, Pg14

Key Highlights:

• The National Commission for Protection of Child Rights (NCPCR) is investigating Meta (Instagram) following reports by the British public broadcaster BBC and the Tech Transparency Project (TTP) of paid advertisements promoting Child Sexual Exploitation and Abuse Material (CSEAM) in India.
• The Ministry of Electronics and Information Technology (MeitY) has also summoned Meta officials regarding the issue.
• Meta stated that its enforcement systems had identified and disabled some violating ads and accounts, but acknowledged that no system is perfect.
• The NCPCR issued a notice to Meta on July 3 and subsequently summoned company officials for a hearing on September 9.
• Indian law criminalizes the distribution, viewing, storing, and possession of CSEAM under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 67B of the Information Technology Act, 2000.

Detailed Insights:

• The BBC investigation in July revealed dozens of ads promoting CSEAM on Instagram, despite Meta's policy prohibiting such content.
• TTP's report further indicated hundreds of CSEAM ads on Facebook and Instagram, some served to Indian users, suggesting Meta's moderation efforts were insufficient.
• TTP found that Meta sometimes misclassified CSEAM as adult sexual content, potentially undercounting instances of child sexual abuse.
• The NCPCR, established under the Commissions for Protection of Child Rights Act, 2005, possesses powers equivalent to a civil court during inquiries, including summoning individuals and demanding documents.
• MeitY regulates social media platforms in India, with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, placing obligations on intermediaries for content moderation.
• The Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the Code of Criminal Procedure (CrPC), 1973, outlines the procedural aspects of criminal justice, relevant to the enforcement powers of bodies like the NCPCR.
• Social media intermediaries are required to exercise due diligence and establish grievance redressal mechanisms to address unlawful content, including CSEAM.

Key Concepts Involved:

• Child Sexual Exploitation and Abuse Material (CSEAM): Any material depicting sexual abuse against a child, criminalized in India.
• National Commission for Protection of Child Rights (NCPCR): A statutory body under the Commissions for Protection of Child Rights Act, 2005, mandated to protect, promote, and defend child rights in India.
• Ministry of Electronics and Information Technology (MeitY): The nodal ministry responsible for policy matters relating to information technology, electronics, and the internet in India.
• Information Technology Act, 2000: Indian legislation dealing with cybercrime and electronic commerce, with Section 67B specifically addressing child pornography.
• Protection of Children from Sexual Offences Act, 2012 (POCSO Act): A comprehensive law to protect children from sexual assault, sexual harassment, and pornography.