Govt can invoke POCSO, even ban Meta platforms if needed, says advocate

The Centre could invoke provisions of the Protection of Children from Sexual Offences (POCSO) Act against Meta if the company fails to comply with the government’s directions to remove content and advertisements promoting Child Sexual Exploitative and Abuse Material (CSEAM), advocate Nawal Kishore said on Saturday.Speaking to PTI, Kishore said the government has taken a serious view of reports alleging that Instagram carried paid advertisements promoting child sexual abuse material and has the legal authority to initiate stringent action if Meta does not comply with its notice.“The government is very serious about child pornography and child-related content being advertised on Meta and Instagram. It is a matter of grave concern for both the government and the country,” he said.According to Kishore, the government has issued notices to Meta and Instagram directing the company to remove the content and comply with its directions within the stipulated timeline.“They have to comply with the government’s order. If they fail to do so, legal action can be taken. The government can disable advertisements, restrict algorithmic access to CSEAM-related content, register an FIR against Meta and invoke provisions of the POCSO Act. If necessary, it can even consider banning the platform in India,” he said.He said offences involving child sexual abuse material are treated with utmost seriousness under Indian law.“The POCSO Act is a very serious law, particularly in India. Since this matter concerns child pornography, action can be taken under the relevant provisions of the Act. The BNSS and the Indian Penal Code also provide stringent punishment for those involved in such offences,” Kishore said.His remarks come after the Ministry of Electronics and Information Technology (MeitY) issued a notice to Meta directing the company to immediately disable all advertisements and content on Instagram that promote or facilitate access to Child Sexual Exploitative and Abuse Material (CSEAM).The notice, issued on Saturday evening, seeks an explanation from Meta within seven days on how such content was approved and displayed on the platform.The latest action follows Union IT Minister Ashwini Vaishnaw’s direction to ministry officials to summon Meta executives after reports that paid advertisements promoting child sexual abuse material had appeared on Instagram in India.According to sources, the government has sought details on how the advertisements were approved, the safeguards currently in place to detect and prevent such content, and the corrective measures being taken to ensure similar incidents do not recur.The scrutiny follows a BBC Eye investigation published on July 3, which alleged that Instagram had carried paid advertisements in India promoting child sexual abuse material.The investigation claimed the advertisements contained explicit search terms and redirected users to Telegram channels where the illegal content was allegedly being sold for as little as Rs 99. It also reported that some of the advertisements had been cleared by Instagram’s automated moderation systems.Earlier this week, the government also issued notices to Meta-owned WhatsApp, as well as Telegram and Signal, seeking details on their username features and the safeguards in place to prevent fraud, impersonation and misuse. Officials are also examining WhatsApp’s proposed restrictions on usernames, verification measures and reporting mechanisms.