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Supreme Court Directs Centre to Submit Policy on Child Sexual Abuse Material and Non-Consensual Intimate Content

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Verdictum
Bottom Line Up Front (BLUF)

The Supreme Court of India has granted the Central Government four weeks to present a comprehensive policy framework addressing online Child Sexual Abuse Material (CSAM) and Non-Consensual Intimate Content (NCIC). The proposed framework will allow any person aware of such content to file a complaint.

Ratio Decidendi · Legal Principle Established

The Supreme Court directed the Central Government to formulate and present a policy regime to combat the online dissemination of Child Sexual Abuse Material and Non-Consensual Intimate Content, indicating the necessity for a robust regulatory framework.

Practice & Procedural Impact for Advocates

Advocates should monitor the development of this policy, as it will introduce new complaint mechanisms and potentially new liabilities for online content. Litigants involved in cases concerning online content may find new avenues for redressal or defense once the policy is enacted.

Key Legal Takeaways

  • 1The Supreme Court has mandated the Centre to develop a policy on online CSAM and NCIC.
  • 2The policy is expected to include provisions for any individual to report such content.
  • 3The Centre has been given a four-week deadline to submit the proposed policy.

The Legal Issue The Supreme Court of India is addressing the pervasive issue of Child Sexual Abuse Material (CSAM) and Non-Consensual Intimate Content (NCIC) circulating online. The Court has sought a comprehensive policy regime from the Central Government to effectively tackle the creation, dissemination, and reporting of such illicit content.

Court's Reasoning The Court's directive stems from the urgent need for a structured and effective mechanism to combat online sexual exploitation and privacy violations. While the specific reasoning for the four-week timeline was not detailed in the provided summary, it implies the Court's intent to expedite the formulation of a robust regulatory framework. The Solicitor General's statement regarding the proposed framework, allowing anyone aware of such content to complain, suggests a move towards a more inclusive and proactive reporting system.

What Follows The Central Government is now required to place its proposed policy regime before the Supreme Court within four weeks. This policy is expected to outline the regulatory framework, including mechanisms for reporting and addressing CSAM and NCIC online. The outcome will likely lead to new legal and procedural guidelines for internet intermediaries, law enforcement, and the public regarding online content moderation and reporting.

Read the Verdictum report