Supreme Court Directs Union To Create National Database On Child Sexual Exploitation & Abuse Materials (CSEAM) For Removal Across Platforms

The Supreme Court has called for stronger technological and regulatory measures to detect and remove child sexual exploitation and abuse material (CSEAM) from the internet, including the creation of a comprehensive national database to enable the identification and removal of such content across social media platforms.

A Bench of Justice JB Pardiwala and Justice KV Chandran issued a series of directions to strengthen the existing framework for detecting, reporting and removing CSEAM, expressing concern over the continued circulation of such material despite the Court's 2024 directions in Just Rights for Children Alliance & Anr. v. S. Harish & Ors.

The Court observed that the existing mechanism largely relied on individual instances of harmful content being reported and subsequently removed, without adequate coordination between platforms to ensure that the same material was detected and removed across the internet.

It noted that when one platform detects and removes CSEAM, the same content does not automatically get flagged and removed from other platforms. This fragmented approach, the Court said, delays the removal of such material and allows its continued circulation.

The Bench observed that the lack of effective initiatives by regulatory authorities and social media intermediaries had left it with no choice but to intervene to establish a workable framework for protecting children online.

National Database To Track Child Sexual Abuse Material

The Court directed the Union Government to create a comprehensive national database containing hash identifiers and URLs of confirmed CSEAM. The database may be established within the existing Sahyog Portal or as a standalone repository.

Hash identifiers are unique digital fingerprints generated from images or videos, enabling platforms to identify matching content even when it is uploaded by different users. URL listing, meanwhile, identifies internet addresses where such material is hosted, allowing platforms to block access to known sources.

The Court observed that a common database would enable social media intermediaries to cross-check content against a central repository rather than relying exclusively on material detected on their own platforms.

It clarified that the database must contain only the hash identifiers and URLs of confirmed CSEAM, and not the harmful material itself.

The Bench also directed that every entry in the database be subjected to multiple levels of verification. While specialised software may be used for preliminary screening, the final assessment must be conducted by at least three trained human analysts, each independently determining whether the material constitutes CSEAM.

The Court emphasised that appropriate safeguards must be put in place to prevent erroneous entries and the removal of lawful content. These include maintaining records of assessments, logging access to the database, conducting periodic independent audits and promptly removing incorrect entries.

It also directed that an effective grievance-redressal mechanism be established for persons aggrieved by the removal of content pursuant to an entry in the database.

Intermediaries Must Report CSEAM To Police Authorities

The Court reiterated that social media intermediaries cannot merely remove harmful material or report it to foreign organisations while failing to inform the authorities designated under Indian law.

It held that intermediaries must report CSEAM to the Special Juvenile Police Unit, local police or the cybercrime portal, as applicable under Rule 11 of the Protection of Children from Sexual Offences (POCSO) Rules, 2020.

The Bench prescribed timelines for reporting such material. Where an intermediary removes CSEAM of unknown origin based on its own due diligence, it must report the removal within two hours. Where removal follows a complaint, the report must be made forthwith after the complaint is resolved and, in any event, within two hours of such resolution.

Where content is removed after a match with an existing entry in the national database, intermediaries must submit consolidated reports of such removals on a weekly basis to the authority maintaining the database.

The Court also directed intermediaries to prominently display the details of their grievance officers and complaint mechanisms on their websites or applications. Complaints concerning CSEAM must have a distinct reporting category that is easily accessible to users.

It further directed that complaints be reviewed by trained grievance officers, with automated tools permitted to assist only in preliminary screening. Every complaint must be acknowledged within 24 hours with a reference number, and the complainant must be informed of the decision and the reasons for it.

The Court asked the Union Government to extend these accountability requirements to all intermediaries through appropriate amendments to the IT Rules.

Court Flags Need For Penalties Against Non-Compliant Platforms

The Bench called upon the Union Government to consider a framework for imposing exemplary monetary penalties on intermediaries that breach their obligations under the Information Technology Act and the IT Rules.

It said the quantum of penalties should take into account the gravity, duration and recurrence of the default, as well as the size and turnover of the intermediary.

The Court also directed that paywalled and subscription-based content be subjected to rigorous scrutiny to ensure that CSEAM or other prohibited material was not hosted, promoted or circulated through such services.

It called upon the Union Government to frame guidelines for examining such content and to consider whether revenue derived by intermediaries from the circulation of CSEAM through paywalls or subscriptions should be forfeited and disgorged.

Digital Safety Education For Children

The Court observed that technological safeguards alone would not be sufficient to ensure children's safety online. It stressed the need to equip children with the awareness to recognise danger, report abuse and adopt safe practices on the internet.

It called for age-appropriate education on consent, safe and unsafe touch, healthy relationships, protection of personal data, online exploitation and the mechanisms available for reporting abusive conduct.

The Bench said digital safety and age-appropriate sex education should form part of the core curriculum, with content developed by the National Council of Educational Research and Training and State Councils of Educational Research and Training in consultation with child psychologists, educators and parenting experts.

The Court directed the Union Government, through the Ministry of Electronics and Information Technology and the Ministry of Law and Justice, to take appropriate steps to implement the measures and safeguards discussed in its order, including framing guidelines, standard operating procedures and suitable amendments to the IT Act and IT Rules wherever necessary.

The Union Government has been directed to file an affidavit setting out the progress made in implementing the directions by the next date of hearing, December 10, 2026.

Also from the judgment- Right To Access & Use Internet A Fundamental Right Of Every Individual Including Children : Supreme Court