In a significant move to combat online sexual abuse, the Indian government has implemented new Standard Operating Procedures (SOPs). These SOPs mandate that social media platforms and law enforcement agencies must remove non-consensual intimate images within a 24-hour timeframe after a report is filed. This development marks a crucial step forward in addressing the pervasive issue of online privacy violations.
Endorsed by the Madras High Court on October 22, these SOPs introduce a groundbreaking requirement for both platforms and police to keep victims updated throughout the content removal process. Furthermore, they will be alerted if the offending content reappears online. The guidelines also extend to providing victims with legal assistance and psychological counseling if requested, offering a more comprehensive support system.
This initiative stems from directives issued by the High Court in August, which prompted the Ministry of Electronics and Information Technology to develop clear guidelines for victims whose private images are circulated online without their consent.
The new framework establishes several accessible reporting channels. Victims can flag problematic content through the existing abuse reporting features on social media, contact designated grievance officers, use the national cybercrime reporting portal, or report directly to the police. For those unsatisfied with the initial response, an online appeal can be made to the Grievance Appellate Committee.
To combat the repeated uploading of such content, platforms are required to utilize ‘crawlers’ and ‘hash-matching’ technologies. The SOPs also mandate that platforms share flagged content hashes with Meity’s Sahyog Portal and the Ministry of Home Affairs’ Indian Cyber Crime Coordination Centre, contributing to a national ‘hash bank’ for enhanced security.
These SOPs effectively operationalize Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which already mandates the removal of such content, but now with a more defined and actionable process.
Senior counsel Abudu Kumar Rajarathinam, representing Meity, highlighted the previous difficulties faced by victims, stating they often had to navigate the process without clear guidance. He noted that the SOPs transform a previously fragmented system into a structured redressal mechanism, fostering inter-agency coordination.
Law enforcement agencies receiving complaints are now required to report the content on the NCRP and Sahyog portals and facilitate connections to One Stop Centres for essential support services.
The framework was developed following a High Court hearing concerning a petition filed by a woman advocate whose private images were shared online without her consent by a former partner. The persistent resurfacing of the content, despite multiple takedown requests, led the court to push for systemic solutions.
In response, the government formed a committee, led by a joint secretary and including representatives from various ministries and cyber law experts, to draft the SOPs.
Justice M Dhandapani, who presided over the matter, acknowledged that the SOPs are designed to address the varied situations victims might face and offer multiple avenues for action. He also directed the government to widely publicize these guidelines through print and electronic media to ensure victims are aware of their rights and available remedies.
The court underscored that protecting the dignity of women and children is fundamental to upholding the right to life, as guaranteed under Article 21 of the Constitution.