The Nagpur Bench of the Bombay High Court has refused to interfere with Meta’s decision to permanently disable the Instagram account of a Nagpur-based social media influencer accused of sharing sexually explicit material with a minor, holding that even a single violation involving child sexual exploitation is sufficient to justify the platform’s strictest disciplinary action.
A division bench of Justices Anil Kilor and Raj Wakode observed that online child sexual exploitation ranks among the most heinous cybercrimes, leaving victims with deep physical, emotional and psychological trauma. The bench emphasised that digital platforms are obligated to ensure their services are not used to facilitate offences against children.
The influencer had approached the High Court through advocate Priti Badwaik Pendke, appearing via the legal aid cell, contending that the explicit content was shared inadvertently and that he was unaware the recipient was a minor. The petitioner argued that Meta ought to have issued a warning or allowed the account holder an opportunity to correct the mistake instead of imposing a permanent ban.
Representing the Union Government, Deputy Solicitor General of India Karthik Shukul argued that offences involving child sexual exploitation warrant immediate and irreversible action. He submitted that both the legal framework and Meta’s community standards endorse permanent suspension even for a single violation of this nature.
Accepting the government’s stand, the High Court ruled that Meta’s zero-tolerance policy against child sexual exploitation is legally valid and proportionate. It observed that social media companies are well within their rights to remove such content without delay, permanently disable offending accounts and, wherever necessary, report such incidents to law enforcement agencies.
Dismissing the petition, the bench held that safeguarding children from online sexual exploitation must take precedence over the interests of individuals seeking to retain access to their social media accounts, particularly in cases involving serious violations.
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