SC seeks Centre reply on plea for mechanism against CSAM

On Monday, the Supreme Court requested the Central government to respond to a petition seeking the creation of a dedicated and exclusive nationwide mechanism to tackle the online distribution of Child Sexual Abuse Material (CSAM) and a specialized probe agency to handle such complaints. Chief Justice of India Surya Kant acknowledged the gravity of the situation, stating that the judicial system is ill-equipped to address these issues.

The court agreed to hear the Union government's position on the matter and issued a notice to the government and the Central Bureau of Investigation (CBI). The petition was filed by the NGO Prajwala, which has previously advocated for this cause by filing petitions in the Supreme Court, urging the implementation of effective measures to curb the dissemination of child pornography.

Senior advocate Aparna Bhat represented Prajwala, informing the court that the government, in previous litigation, had developed a mechanism in collaboration with other stakeholders for detecting and combating individuals who disseminate such online content. The current petition called for several orders, including the establishment of a dedicated mechanism to address the circulation of CSAM and Non-Consensual Intimate Imagery (NCII), which differs from financial cyber fraud.

The petition emphasized the necessity of a comprehensive system for reporting, registering FIRs, conducting investigations, prosecuting offenders, and providing support to victims. Additionally, it sought the formation of a specialized investigative agency, such as the CBI, with jurisdiction over offenses related to CSAM and NCII and the authority to collaborate with state police forces and international organizations.

To prevent the spread of such material, the petition also called for the development of regulations to implement active screening, detection, and prevention mechanisms utilizing AI-based tools. Furthermore, the petition urged mandatory training and sensitization of investigating agencies, prosecutors, and judicial officers to effectively handle cases involving victims of CSAM and NCII.