Supreme Court Gives Last Chance to MeitY and Law Ministry on CSEAM Steps

A Stern Rebuke for Non-Compliance

The Supreme Court of India on September 24, 2026, expressed its strong displeasure over the failure of the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to file a response detailing steps taken to curb the circulation of Child Sexual Exploitation and Abuse Material (CSEAM) online. A bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran gave the ministries "one last opportunity" to submit their counter/report by the next hearing on October 15, 2026.

The Court had earlier on August 14, 2026, directed the two ministries to file a report in response to a miscellaneous application filed by Just Rights for Children Alliance (JRCA) and Bachpan Bachao Andolan. The application highlighted the menace of social media intermediaries allegedly failing to prevent the proliferation of CSEAM, following a media report that Instagram had carried paid advertisements promoting such content.

The Missing Report

Despite the August 14 order, no counter or report had been placed on record by the date of hearing. Additional Solicitor General K.M. Nataraj, appearing for the Union of India, sought additional time, stating that the government was working on the affidavit. However, the bench was not impressed.

"By our order dated 14th August, 2026, we had directed the Union of India ... to file their counter/ report... Unfortunately, till this date, no such counter or report has come on record," the Court recorded.

Justice Pardiwala, who had authored the main judgment in September 2024 holding that mere storage of child pornographic material without deletion or reporting constitutes an offense under the Protection of Children from Sexual Offences (POCSO) Act, reiterated the gravity of the issue.

What the Ministries Must Explain

The Court directed the ministries to clearly explain: - What steps have been taken to give meaningful effect to the directions issued in the main judgment of September 23, 2024. - What measures have been implemented so far to curb the menace of CSEAM as highlighted in the application. - What precautions the government will take in the future to prevent lapses by social media intermediaries.

Mr. Deepak Goel, Scientist G from MeitY, was personally present in court, underscoring the importance the Court attached to the matter.

A Push for Systemic Change

The application by JRCA seeks a comprehensive mechanism, including a uniform Standard Operating Procedure (SOP) for intermediaries covering detection and mandatory reporting of CSEAM, preservation of evidence, and inter-agency coordination. It also demands timely uploading of offender details to the National Database of Sexual Offenders (NDSO) and initiation of criminal proceedings against intermediaries that fail to comply with reporting obligations.

The Court's order signals that it will not tolerate delays in implementing its directions, especially when it concerns the safety of children online.

Key Observations from the Bench

  • "The matter before us is extremely serious."
  • "We give one last opportunity to both the Ministries to file their counter/ report."
  • "The counter/ report should explain clearly what steps the two Ministries have taken to give meaningful effect to the directions issued by this Court ..."

Next Hearing

The matter has been posted for October 15, 2026. The Court has made it clear that this is the final opportunity for the ministries to comply, leaving little room for further delays.