India’s human rights watchdog has sought detailed reports from two Union ministries and Delhi Police after allegations that paid advertisements on Instagram promoted or facilitated access to child sexual abuse material.
The National Human Rights Commission has asked the Ministry of Electronics and Information Technology, the Ministry of Information and Broadcasting, and the Delhi Police Commissioner to submit point-wise action-taken reports within two weeks. The proceedings were issued on September 3.
The case follows media reports alleging that Instagram advertisements used explicit search terms and redirected users to channels on another messaging platform where illegal material was allegedly being offered for sale. The NHRC said the allegations, if established, could point not only to child exploitation but also to monetisation, organised criminal activity and failures in content moderation.
Meta has previously rejected the characterisation of the allegations as accurate and has said it uses technology and enforcement systems to combat child sexual abuse material across its platforms.
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Why the NHRC Is Looking Beyond the Advertisers
The Commission’s inquiry goes further than identifying whoever purchased the advertisements.
It wants authorities to examine advertisers, publishers, beneficiaries and other people involved, preserve digital evidence, trace financial flows and identify possible child victims. Delhi Police has also been asked to provide information on what it sought or received from Telegram and what action followed.
One of the most important questions raised by the NHRC concerns Meta’s legal role.
Social media companies commonly describe themselves as “intermediaries”. In simple terms, that means they provide the platform through which users publish material, rather than creating every piece of content themselves.
But advertising systems complicate that argument.
A platform may review an advertisement, decide who should see it, recommend it through an algorithm and earn money when the advertiser pays for distribution. The NHRC has therefore asked whether Meta can still be treated only as a passive intermediary where its own systems generate, modify, curate, recommend, publish or amplify content.
What CSAM, Safe Harbour and Algorithmic Amplification Mean
CSAM stands for Child Sexual Abuse Material. The term is preferred over expressions such as “child pornography” because it makes clear that the images or videos are records of sexual abuse or exploitation of children, not consensual adult content.
Safe harbour refers to legal protection that can shield an online intermediary from liability for unlawful material uploaded by users, provided the company follows required due-diligence rules.
Under Section 79 of the Information Technology Act, platforms can receive such protection in certain circumstances. But that protection is not unlimited.
Algorithmic amplification happens when a platform’s automated system actively increases the visibility of content. For example, an algorithm may decide that an advertisement should be shown to thousands of users based on their activity, interests or behaviour.
This distinction is central to the NHRC proceedings. The issue is no longer only whether illegal material existed somewhere online, but whether automated advertising and recommendation systems helped distribute or monetise access to it.
POCSO Reporting Duty Is Now a Key Question
The NHRC has specifically asked MeitY to explain whether obligations under Section 19 of the Protection of Children from Sexual Offences Act were followed.
Section 19 requires information about known or suspected offences against children to be reported to the Special Juvenile Police Unit or local police. The Commission has made clear that internal grievance processes or communications with a technology company cannot automatically replace this statutory reporting obligation.
That question has already been addressed by the Supreme Court.
In its 2024 judgment in Just Rights for Children Alliance v. S. Harish, the Court held that social media intermediaries cannot rely on Section 79 protection if they fail to carry out due diligence and comply with mandatory POCSO reporting requirements.
The Court said removing illegal material is not enough. Intermediaries must also immediately report such content to the authorities specified under POCSO.
That ruling gives the NHRC inquiry a significant legal foundation.
If authorities establish that a platform became aware of suspected child sexual abuse material but failed to make the legally required report, the issue could extend beyond weak content moderation into possible statutory non-compliance.
Instagram’s Ad Review System Is Under Wider Scrutiny
The controversy comes at a difficult time for Meta’s advertising systems in India.
Just days ago, Meta removed dozens of advertisements from Facebook and Instagram after Indian authorities flagged malicious applications disguised as adult-content apps. Those advertisements allegedly redirected users towards software capable of stealing banking credentials and taking control of Android phones.
That was a different kind of crime. But the underlying question was similar: how did advertisements apparently violating Meta’s own policies reach users in the first place?
In the current CSAM matter, reports alleged that some advertisements remained available despite being flagged through Instagram’s grievance mechanisms and were removed only after the issue was specifically escalated. Meta has disputed the broader allegations concerning CSAM advertising.
The NHRC’s inquiry could therefore have consequences beyond one set of advertisements.
It may test how Indian law treats a platform when automated systems do more than merely host user material and instead actively review, recommend, amplify and monetise it.
The reports from MeitY, MIB and Delhi Police are now expected to clarify whether authorities believe existing intermediary protections are sufficient, whether mandatory reporting requirements were followed and whether further regulatory action is warranted.
What this means for you:
Do not click advertisements or links offering sexual or exploitative content, especially when they redirect to private messaging groups. Report such material immediately through the platform and to the National Cyber Crime Reporting Portal or local police.
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