Content

Topic – Vulnerable Section – Children

Source – NEWS18

https://www.news18.com/explainers/why-supreme-court-wants-child-pornography-cases-to-be-treated-as-cseam-explained-9068835.html

Context : A recent Supreme Court ruling penalised the possession and storage of child pornography (Child Sexual Exploitation and Abuse Material – CSEAM) and sought clarification on how various high courts have interpreted the issue.

Background : The Madras High Court had earlier this year quashed criminal proceedings against a 28-year-old man who had downloaded two child pornographic videos on his phone. The Chennai Police had filed an FIR under Sections 67B of the Information Technology Act and Section 14(1) of the POCSO Act.

Supreme Court Judgement

• The SC stated that not only physical possession but also “constructive possession”— meaning the power to control the material, combined with knowledge of that control — would fall under Section 15 of the Protection of Children from Sexual Offences (POCSO) Act, even if the person did not actively produce or distribute the content.
• The Supreme Court bench, however, observed that the term “child pornography” misnomer does not capture the full extent of crime and can lead to trivialisation of the crime, as pornography can be seen as a consensual act between two adults.
• It held that possession, storage, and even viewing of CSEAM falls under criminal liability, whether for personal use or commercial purposes.
• The Court explained that “constructive possession,” where individuals have control over CSEAM without physically possessing it, is punishable under the law.

• How to Interpret (child sexual exploitation and abuse material) CSEAM
• The SC ruled that CSEAM more accurately reflects the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited or abused.
• The courts from using the term ‘child pornography’ and instead the term Child Sexual Exploitation and Abuse Material (CSEAM) should be used in judicial orders and judgments of all courts across the country.
• Reinforces the POCSO Act as a tool to combat online child exploitation, ensuring stricter penalties. Stresses on victim protection, quick content takedowns and advocating for the psychological well-being of child victims.
• It also calls for tech platforms to report CSEAM cases, enhancing collaboration between law enforcement and online service providers.

What is Child Pornography?

Any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age).”

This can include depictions across a number of different media, including:

• Photographs
• Videos
• Digital images or videos
• Undeveloped film
• Computer generated images indistinguishable from an actual minor.
• Key Recommendations to Govt
• In all judicial orders and legislations term “child pornography” replacing with ‘Child Sexual Exploitative and Abuse Material’ (CSEAM).
• The court stressed the importance of positive, age-appropriate sex education to prevent harmful sexual behaviour and foster an understanding of consent, helping to deter the consumption and distribution of CSEAM.
• Social media intermediaries must not only remove CSEAM but also report such content to the local authorities under the POCSO Act.
• Compliance with the IT Act alone does not absolve their liability.
• The court suggested raising awareness about CSEAM through public campaigns to destigmatise reporting and increase community vigilance. It emphasized the need for psychological counselling and rehabilitation services for both victims and offenders, including Cognitive Behavioural Therapy (CBT) for those involved in CSEAM.

• What are Constitutional and Legal Provisions Related to Child Protection?
• Article 15(3): Provides the state with the authority to make special provisions for the protection and welfare of children.
• Article 21: Right to life and personal liberty, which includes the protection of children from exploitation and abuse.
• Article 39(e) and (f): Mandates the state to ensure that children are not abused and are provided with opportunities and facilities to develop in a healthy manner, protecting their dignity and freedom.
• Article 47: Focuses on improving public health, which includes preventing child exploitation and ensuring their welfare.
• What is POCSO Act?
• The Protection of Children from Sexual Offences Act (POCSO for short) was passed in 2012 to comprehensively deal with the issue of sexual offences against children.
• POCSO not only spells out the punishments for offences, but also sets out a system for support of victims and improved methods for catching offenders.
• Under POCSO ‘child’ means any person below the age of 18 years.
• The child could be male or female. The offender too could be male or female.
• POCSO is thus a gender-neutral law – the child victim of sexual offence could be a boy or a girl.
• As for the person who commits the crime it does not matter whether the person is male or female. Both genders are equally punishable for offences under this law.
• There are 3 broad categories of sexual offences punishable under POCSO:
• sexual assault
• Sexual harassment
• Using a child for pornography.
• Under POCSO (Protection of Children from Sexual Offences)
• Section 13: Defines child pornography (now CSEAM) and punishes its production, distribution, and possession.
• Section 14: Imposes penalties for using a child for pornographic purposes, with increasing severity for repeated offenses.
• Section 15: Penalises the storage of child sexual abuse material for commercial purposes, ensuring strict consequences for possession or storage.
• Section 19: Mandates the reporting of offenses under the POCSO Act, making it obligatory for citizens, including tech companies, to report any suspected CSEAM-related activities.