In an era where digital platforms increasingly shape the social fabric of nations, India has taken a groundbreaking step toward protecting its most vulnerable citizens.

On September 23, the Supreme Court of India unveiled a landmark framework for regulating social media platforms, specially targeting the prevention of child exploitation online. This watershed moment not only reinforces India's commitment to digital safety but also sets a precedent for global governance in the digital age.

While the Apex court order sets a clear precedent, the challenge lies in making US-based social media giants comply with Indian law enforcement. This task requires a delicate balance of legislative empowerment, technological innovation, and international cooperation.

The 'Just Rights for Children Alliance (JRCA) v. S Harish' case arose from a plea by JRCA, an advocacy group focusing on child protection in India, challenging the January 11, 2024 order of the Madras High Court which observed that downloading and viewing child pornography is not a crime. However, the Supreme Court overruled it and observed watching and possessing child pornography material constitutes an offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) law.

A key element of the judgment requires social media platforms with over five million Indian users to establish a substantial local presence. This includes incorporating legal entities within India, maintaining local offices with designated compliance officers, and setting up data processing centers domestically. A critical mandate is the appointment of grievance officers available 24/7 to respond promptly to urgent concerns.

The framework introduces new standards for "safe harbor" protection, moving away from the previous permissive regime. It specifies that platforms can lose their protection in cases of conspiracy, abetment, or failure to act promptly on illegal content, ensuring stronger accountability.

However, the existing system for reporting child abuse content through the U.S-based National Centre for Missing and Exploited Children (NCMEC) to India's National Crime Records Bureau (NCRB) conflicts with the Supreme Court's vision of direct accountability. This indirect routing has resulted in significant delays, with average response times exceeding 72 hours a critical period in child safety cases.

This format works under a mechanism of Memorandum of Understanding between NCRB and NCMEC, social media platforms report cases to NCMEC, which then informs the NCRB and forwards them to India's cybercrime reporting portal.

The current voluntary compliance framework, lacking statutory authority, has limitations in addressing serious offences. Ambiguity around terms like "actual knowledge" and "expeditious action" further complicates enforcement.

The social media platforms often cite US laws, such as the Clarifying Lawful Overseas Use of Data Act or CLOUD Act and the Stored Communications Act, to resist direct compliance with Indian regulations. This reliance on extraterritorial legal provisions undermines India's digital sovereignty, as platforms profiting in India bypass local enforcement. The Supreme Court's mandate for platforms to report Child Sexual Exploitative Abuse Material (CSEAM) directly to Indian authorities challenges these global content moderation practices.

A central element of the framework is the requirement for platforms to store data on servers located in India. Additionally, robust technical measures like advanced machine learning for content detection, automated flagging systems, and blockchain-based verification will streamline the practice.

These platforms must maintain 24/7 response centers and deploy sophisticated content removal tools to prevent re-uploads of flagged material.

Strict penalties for non-compliance with fines should be imposed based on a percentage of global revenue that escalates for repeat violations.

To make it functional, the establishment of an independent regulatory authority to oversee compliance, conduct investigations, and collaborate with international agencies is imperative. This localization requirement aims to bridge the accountability gap that has historically hindered law enforcement efforts.

Recognizing the global nature of digital platforms, the framework stresses the importance of international cooperation. It calls for bilateral agreements, streamlined Mutual Legal Assistance Treaties (MLATs), joint cybercrime units, shared intelligence databases, and coordinated investigations.

According to Bhuwan Ribhu, founder of JRCA, the petitioner in this case, child pornography is a borderless crime that requires a borderless response as CSEAM is a multibillion-dollar global industry, accelerated by technological advancements for which the world must unite to end this crime.

The Apex Court has set a clear implementation timeline: in the immediate phase (0–6 months), a regulatory body will be established, and compliance guidelines issued; in the medium term (6–12 months), technical infrastructure and monitoring systems will be implemented; and by the long-term phase (12–24 months), full compliance, including integration of international protocols, should be achieved.

Quantitative and qualitative metrics, such as response time improvements, content removal rates, investigation success rates, and system reliability, will measure the framework's effectiveness.

Regular audits and surprise inspections will enforce continuous compliance. Platforms must maintain local infrastructure for CSEAM-related data, automate reporting systems, and standardize Application Programming Interfaces (APIs) for law enforcement collaboration.

Major social media platforms have to undergo operational changes for which they will need to invest in local infrastructure, enhance content monitoring, and establish robust emergency response systems. The emphasis on data localization particularly affects international platforms that previously stored user data overseas.

The judgment builds upon existing legislation while adding requirements for technical implementation and international collaboration. It strengthens enforcement mechanisms, ensuring effective oversight and accountability.

The success of this laid-out structure will depend on strong political commitment, adequate resources, and effective international cooperation. Regular reviews and updates are essential to keep pace with evolving challenges in child protection online.

Technical standards for content detection and removal must be codified. The current multi-layered reporting system should be streamlined through direct channels, while real-time monitoring capabilities require statutory backing, standardization, and cross-border data-sharing protocols established through bilateral agreements.

As the digital landscape continues to evolve, this framework provides a robust foundation for ensuring that technological progress does not come at the cost of our children's safety.


Written By: Arshad Hussain
The author is a senior journalist with more than three decades of experience in crafting impact content across various media platforms.