The Centre on Tuesday submitted in the Supreme Court that a legislative framework is being contemplated to tackle child pornography and the circulation of non-consensual intimate videos, AI-generated morphed images and other sexually explicit content online, including material depicting sexual assault. The matter was heard by the bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.
Solicitor General Tushar Mehta submitted that the proposed framework could require online intermediaries to not only remove such content but also inform the police when it comes to their notice. He submitted:
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“Some statutory legislative mechanism is in contemplation, I cannot say more till it comes before the Parliament… possibly, my Lord, subject to the bill passing through the legislative process, there can be a possibility that the moment that comes to the notice of the intermediary, he should not only take it down, it is his responsibility to intimate the police, that somebody has uploaded it.”
During the hearing, counsel for petitioner highlighted the need to address not only child sexual abuse material but also non-consensual circulation of intimate content involving adults. It was submitted that such content could include videos recorded consensually but transmitted without consent, as well as recordings depicting sexual assault. Counsel submitted that the existing mechanism did not adequately address situations in which a person who comes across such material wants to report it, even if they are not the person depicted in the video. It was argued that the complaint mechanism should not be restricted to the person whose intimate content has been circulated.
Responding to the concern, the Solicitor General said the proposed regulatory framework could require intermediaries to report such content to the police after becoming aware of it, in addition to removing it from their platforms.
Counsel also drew the Court’s attention to the growing problem of AI-generated and digitally morphed intimate images, in which a person’s face is superimposed or altered to portray them in an intimate situation. The concern, counsel said, extended beyond non-consensual videos to manipulated imagery that could be used to harass or defame individuals.
The Solicitor General stated that mandatory reporting obligations currently existed in cases involving children under the Protection of Children from Sexual Offences (POCSO) Act, while a broader mechanism for adults was being contemplated.
Counsel further pointed out that young adults were particularly vulnerable to the circulation of intimate videos and referred to instances in which victims had allegedly died by suicide after such content was disseminated. The government expressed willingness to consider the concerns as part of the proposed regulatory framework.