A recent Supreme Court ruling has redefined watching and downloading child pornography as a serious crime, emphasising the protection of children.

Recent Developments

• The Supreme Court’s landmark judgment, following a petition by the Just Rights for Children Alliance, marks a significant shift in addressing online sexual abuse. 
• This decision contrasts sharply with a January 2024 ruling by the Madras High Court, which stated that merely downloading or viewing child pornography was not a crime. 
• Such a stance risks normalising child exploitation and undermines the intent of the Protection of Children from Sexual Offences (POCSO) Act, 2012.  

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About the Supreme Court Judgment

• Expanded Definition of Crime: The Court declared that downloading and storing child sexual exploitation and abuse material (CSEAM) is an offence. 
  • This broadens the scope of criminality beyond just viewing to include those who engage in any form of distribution.
• Demand-Supply Chain: The judgment highlights that individuals who search for or download such material contribute to a demand-supply chain that fuels the rape and exploitation of children.
• Framework for Combating CSEAM: The Court mandated the establishment of a comprehensive framework to combat CSEAM, placing strict responsibilities on social media intermediaries to ensure compliance with Indian law.
• Reframing the Issue: By shifting the terminology from “child porn” to CSEAM, the ruling redefines the issue as a serious crime rather than an adult indulgence, challenging the normalisation of such behaviour.
• Continuing Victimisation: The Court emphasised the ongoing nature of this crime, noting that the persistent online presence of these images subjects children and their families to continuous re-victimization. 
  • Alarmingly, many victims remain unaware that their images are being circulated in secrecy.

Measures Required

While the Supreme Court’s ruling is a significant victory, several critical measures must be implemented to ensure the safety and rehabilitation of children:

• Comprehensive Support Framework: The government should establish a globally coordinated preventive and protective framework that addresses child victims’ needs alongside targeting offenders. 
  • Current strategies predominantly focus on punishing offenders without providing adequate support to the child victims.
• Define Cybercrime Clearly: Indian laws must explicitly define cybercrime, incorporating CSEAM as a form of organised and economic crime.
• Outlaw Emerging Crimes: New forms of exploitation, such as enticement through electronic means and trafficking for forced labour or sexual exploitation, need to be explicitly criminalised.
• Address AI-Generated CSEAM: Legal amendments are essential to treat the creation of AI-generated CSEAM, including deepfakes, as equivalent to actual child abuse, recognizing the blurred lines between real and synthetic images.
• Accountability for Social Media Platforms: Social media platforms should be mandated to report CSEAM in real-time to law enforcement authorities, as stipulated in the Supreme Court judgement.
• Establish a Forensic Lab: India should set up a specialised forensic lab equipped with advanced technology to respond promptly to reports of CSEAM. 
• National Database for Offenders: Individuals prosecuted for downloading or searching CSEAM should be recorded in the National Database on Sexual Offenders, preventing them from working in child-related sectors.
• Global Cooperation: A legally binding international convention is necessary to combat this multibillion-dollar industry effectively.
  • By fostering collaboration among law enforcement, governments, and stakeholders, targeted interventions can be made to dismantle exploitation networks and protect vulnerable children.

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Conclusion

In light of the Supreme Court’s landmark ruling, comprehensive measures are essential to protect children from exploitation. Strengthening legal frameworks, enhancing support systems, and fostering global cooperation will be crucial in combating child sexual exploitation effectively.