NHRC questions Meta's role as publisher in Instagram child abuse content case
The National Human Rights Commission has sent notices to the IT and Information & Broadcasting ministries asking whether Meta should be treated as a publisher under the 2021 IT Rules for child sexual abuse material on Instagram.
The National Human Rights Commission (NHRC) has formally questioned the ministries of Electronics and Information Technology and Information & Broadcasting about Meta's legal classification regarding child sexual abuse material circulating on Instagram. Bench member Priyank Kanoongo explained that the inquiry now examines whether Meta's editorial and publishing systems actively generate, select, amplify or monetize harmful content, rather than merely hosting it.
The commission asked the ministries to determine if Meta falls under the publisher definition in the IT Rules, 2021, and to outline required regulatory actions. It also demanded a response on compliance with mandatory reporting under the Pocso Act and whether the matter was reported to the special juvenile police unit or local police. The notices follow earlier directives to Delhi Police after media reports, including those by one outlet World Service, that paid Instagram ads using terms like “rape video” redirected users to Telegram channels offering such material for sale. The ministries have been given two weeks to submit their findings.
