NHRC summons Delhi Police chief over failure to act on Instagram CSAM probe

The National Human Rights Commission (NHRC) has summoned Delhi Police Commissioner Anurag Kumar to appear before it on September 7, taking a serious view of the police department's failure to respond to its notice and subsequent reminder regarding an investigation into child sexual abuse material (CSAM) on Instagram, a platform owned by Meta.

The summons, issued by NHRC member Priyank Kanoongo on Wednesday, directs the police chief to appear in person with an explanation for the non-compliance. The commission had earlier sought an action taken report (ATR) within 15 days of its July 8 notice, but no response was received. According to the summons, if the ATR is submitted by August 31, the personal appearance will not be required.

The original notice to the Delhi Police followed media reports by the BBC World Service alleging that paid advertisements on Instagram promoted CSAM. The commission noted that since the concerned BBC office in India is located in Delhi, it was appropriate to entrust the matter to the Delhi Police for investigation.

The NHRC had asked the police to inquire whether Meta had invoked the mandatory reporting provisions under the Protection of Children from Sexual Offences (POCSO) Act to inform the authorities in time, and whether any First Information Reports (FIRs) had been lodged after reports of CSAM on its platforms came to light.

In a separate notice dated August 3, addressed to the secretary of the Ministry of Electronics and Information Technology (MeitY) and Meta's director for South Asia, the commission highlighted a complaint received from a non-profit organisation. The complainant foundation had received an anonymous complaint alleging that certain online links on Meta platforms (Instagram and Facebook) are pornographic in nature, age-inappropriate for children, and may potentially contain CSAM.

Kanoongo has directed both MeitY and the head of law enforcement at Meta to inquire into the allegations and submit ATRs within one week from the receipt of the notice.

The notice to MeitY seeks details of action taken for the immediate removal, blocking, or disabling of access to the URLs; action taken against the intermediary; and whether any regulatory or penal proceedings have been initiated.

Meta has been asked to provide details of actions taken to remove the alleged content, steps taken to preserve all evidence, and the details of accounts responsible for uploading and transmitting CSAM.

The commission has also sought information on the date and time when the content was reported to the police, in compliance with the mandatory reporting provision of the POCSO Act.

The NHRC's intervention underscores the legal obligations of online platforms and law enforcement agencies to protect children from sexual abuse material. The commission's proceedings are part of a broader scrutiny of Meta's handling of CSAM on its platforms in India.