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In a 137-page order, the Supreme Court of India proposed a regulatory framework for child sexual abuse and exploitation material (CSEAM/CSAM). The Court also declined to ban children from using social media and to impose age-based restrictions, holding that access to the internet is a fundamental right guaranteed under Article 21 and Article 19(1)(a). The framework requires the creation of a national database recording confirmed content hashes and URLs, which could be built on the Sahyog portal, along with supporting processes such as manual verification, an independent appeals channel, confirmation of reports within 24 hours, takedown within two hours, and reporting to bodies such as the SJPU. The Court also recommended that the government consider penalties beyond intermediary liability and the confiscation of revenue earned from disseminating such content through paywalls. The framework has not yet been implemented, and the government must submit an affidavit before the next hearing on December 10 explaining its progress.
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Indian Supreme Court proposes hash database and penalty framework to platforms for CSAM regulationDevelopments
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Oct 19
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Indian Supreme Court proposes hash database and penalty framework to platforms for CSAM regulation
In a 137-page order, the Indian Supreme Court declined to ban children from using social media or impose age-based restrictions, holding that internet access is a fundamental right guaranteed under Articles 21 and 19(1)(a) of the Constitution, while also proposing a regulatory framework for child sexual abuse and exploitation material (CSEAM/CSAM). The framework calls for a national database recording hashes and URLs of confirmed content, which could be built on the Sahyog portal, along with supporting processes including manual verification, an independent appeals channel, confirmation of reports within 24 hours, takedown within two hours, and reporting to bodies such as the SJPU. The court also recommended that the government consider fines beyond intermediary liability and the confiscation of revenue earned from disseminating such content through paywalls; the framework has not yet been implemented, and the government must submit an affidavit before the next hearing on December 10 explaining its progress.