NEW DELHI: The National Human Rights Commission has issued summons to the Delhi police commissioner to appear before it taking a serious view of a lack of response to its notice and later a reminder directing an investigation into allegations of paid advertisements on Instagram (owned by Meta) promoting child sexual abuse material (CSAM). The NHRC had sought an action taken report within 15 days but is still awaiting a reply.The NHRC’s bench presided over by member Priyank Kanoongo in the summons issued on Wednesday has directed the police chief Anurag Kumar to appear in person before the commission on September 7 along with the reports and explanation for non-compliance. However, summons state that if the ATR is submitted by August 31, the personal appearance will not be required.The commission in its July 8 notice had asked the Delhi Police to hold an inquiry as to whether “mandatory reporting” provisions under Protection of Children from Sexual Offences Act have been invoked by Meta to inform the police in time and if any FIRs have been lodged after reports of CSAM on its platforms came to light.Taking cognisance of media reports published by the BBC World Service, Kanoongo said in the notice that since the concerned office of the BBC in India is situated in Delhi, the Commission thought it to be appropriate to entrust the matter to Delhi Police for investigation.In another notice dated Aug 3 addressed to secretary of the ministry of electronics and information technology and Meta’s director responsible for south Asia, the commission has highlighted that as per the complaint received from a non-profit organisation, it is stated that the complainant foundation received an anonymous complaint alleging the availability of certain online links on Meta platforms (Instagram/Facebook) that are pornographic in nature, age-inappropriate for children and may potentially contain CSAM.Kanoongo has asked secretary MeitY and head of law enforcement of Meta Platforms to inquire into the allegations contained in the complaint and to submit ATRs within one week from the date of receipt of the notice.Kanoongo has asked secretary MeitY and head of law enforcement of Meta Platforms to inquire into the allegations contained in the complaint and to submit ATRs within one week from the date of receipt of the notice.
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MeitY has been asked to submit details of action taken for immediate removal, blocking or disabling access to the URLs; action taken against the intermediary and whether any regulatory or penal proceedings have been initiated.Meta has been asked for details of not just the action taken to remove the alleged content but steps taken to preserve all evidence including the details of the accounts responsible for uploading and transmitting CSAM.The Commission has also sought details with the date and time of reporting content with CSAM to the police in compliance with the “mandatory reporting” provision of POCSO Act.
