Answer

The Supreme Court’s judgement on online sexual abuse of children redefined watching and downloading child pornography as a serious crime, emphasizing child protection. This decision, following a petition by the Just Rights for Children Alliance, contrasts with earlier rulings and aims to align with the Protection of Children from Sexual Offences (POCSO) Act, 2012. According to NCRB data, online crimes against children have increased by 400% in recent years, making this judgement crucial in combating exploitation.

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Significance of the Supreme Court’s Judgement

• Expanded Definition of Crime: The judgement includes downloading and storing CSEAM as an offence, expanding the scope beyond just viewing.
  For example: This approach ensures that individuals who store child sexual exploitation material are also held accountable, strengthening legal measures under POCSO Act.
• Addressing Demand-Supply Chain: The Court highlighted that downloading such material contributes to a demand-supply chain fueling child exploitation.
  For example: By criminalizing storage, the ruling aims to curb online markets that profit from child abuse material, reinforcing accountability.
• Mandatory Framework for Social Media Platforms: The ruling mandates strict responsibilities on social media platforms to ensure compliance with Indian laws against CSEAM.
  For example: Platforms like Meta and Google are required to report CSEAM in real-time to law enforcement, enhancing detection.
• Reframing the Issue as CSEAM: The shift from the term “child porn” to Child Sexual Exploitation and Abuse Material (CSEAM) redefines the issue, emphasising its criminal nature.
  For instance: This change counters the normalisation of online abuse, aligning India’s stance with international conventions like the UNCRC.
• Recognition of Continuous Victimisation: The judgement acknowledges the ongoing trauma faced by children whose images remain online, stressing the need for digital removal.

Potential Impact on Child Protection in India

• Stronger Legal Enforcement: The judgement ensures enhanced legal measures against child exploitation, making India’s child protection laws more robust.
  For example: The expanded definition under POCSO Act strengthens the ability of law enforcement to prosecute offenders involved in online abuse.
• Increased Awareness Among Parents and Guardians: The ruling has led to greater awareness about the dangers of online exploitation, encouraging parents to monitor online activities of children.
  For example: Government campaigns, like Cyber Surakshit Bharat, have been launched to educate parents on protecting their children from online threats.
• Enhanced Surveillance Mechanisms: The mandate for real-time reporting by social media platforms enables faster intervention and removal of CSEAM content.
  For example: Collaboration with platforms like YouTube ensures quicker action against flagged content, reducing online circulation of exploitative material.
• Focus on Victim Rehabilitation: The ruling emphasises the need for psychological and social support for victims of online abuse, ensuring their long-term well-being..
• International Alignment: The judgement aligns India’s legal stance with global efforts to combat online child exploitation, strengthening its role in international cooperation.
  For example: India’s participation in the Global Internet Forum to Counter Terrorism aids in sharing data and strategies to fight online abuse.

Challenges in Implementing the Proposed Measures

• Inadequate Digital Infrastructure: Effective implementation requires advanced technology to detect and remove CSEAM, which is often lacking in police departments.
  For example: Many district-level cyber cells lack the resources to track online offenders, leading to delays in action against CSEAM.
• Coordination with Social Media Platforms: Ensuring real-time reporting of CSEAM by social media intermediaries requires strong collaboration between government agencies and platforms.
  For example: Platforms like WhatsApp, with end-to-end encryption, face challenges in identifying CSEAM, complicating monitoring efforts.
• Legal Clarity on AI-Generated Content: The rise of AI-generated CSEAM and deepfakes presents challenges for law enforcement in differentiating between real and synthetic content.
  For example: Existing laws do not clearly address AI-based exploitation, creating a legal grey area that needs amendment.
• Lack of Awareness and Reporting: Victims and their families often hesitate to report cases of online exploitation due to stigma and fear of social ostracization.
  For instance: NCRB data shows that many cases of online abuse remain unreported, affecting the effectiveness of legal action.
• Resource Constraints for Victim Support: Providing comprehensive rehabilitation for victims requires funding and trained personnel, which remain limited in many child protection units.

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Ways to Ensure Effectiveness in the Global Context

• Global Cooperation on Cybercrime: India must collaborate with international agencies to combat cross-border CSEAM networks, sharing best practices and intelligence.
  For example: Partnering with Interpol can help track transnational networks involved in the distribution of CSEAM.
• Adopting Advanced Detection Tools: Investing in AI-driven tools for monitoring online content can enhance the speed and accuracy of detecting CSEAM.
  For example: The adoption of PhotoDNA technology could aid in identifying and removing illegal images from social media platforms.
• Strengthening Cyber Forensics: Establishing specialised forensic labs for CSEAM analysis can improve the collection of digital evidence and prosecution of offenders.
• Legal Amendments for AI-Generated Content: Amending laws to treat AI-generated CSEAM as criminal content would address emerging digital threats and protect children.
  For example: Countries like Australia have updated laws to criminalise AI-based child exploitation, setting a precedent for India.
• Strengthening Public Awareness Campaigns: Educating the public through digital literacy campaigns can empower parents and children to recognize and report online abuse.
  For example: The National Cyber Crime Awareness Week could focus on educating children about the dangers of online interactions.

The Supreme Court’s judgement marks a pivotal moment in protecting children from online abuse in India. To fully realise its potential, a focus on strengthening digital infrastructure, collaborating internationally, and amending legal frameworks is essential. This approach can ensure effective implementation of the ruling, safeguarding children’s rights in the digital age while fostering a safer online environment.

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