Curbing through collaboration

The Internet has connected the world at large, at just one tap content can be shared by a person sitting at one corner of the world with another sitting at a different corner. Children are becoming more adaptable to social media, smart devices and alike than the mid and the older generation. The use of smartphones and gadgets by minors has increased to a great extent, mainly due to the pandemic when schools were shifted to different online platforms. Though we can argue it is a need of the hour, there are various issues and concerns which are being highlighted due to the increased use of smart gadgets especially when left unchecked.

One of the most serious offences which the world today is facing relates to the offence of child pornography. It would not be wrong to say it is one of the most heinous crimes of the modern era and calls for immediate attention. Child pornography is a form of sexual assault on children. It is a depiction of sexual content which involves any minor. It is also referred to as any content having child sexual abuse material.

According to Section 2 (da) of the Prevention of Children from Sexual Offences Act, 2012, child pornography means, “any visual depiction of sexually explicit conduct involving a child which include photograph, video, digital or computer generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child.” The definition is wide enough to cover instances where the child pornography is in digital mode.

Laws to prevent child pornography in India

✼ Protection of Children from Sexual Offences Act, 2012: It is one of the major laws in India dealing with the menace of child pornography. Section 13 of POSCO, 2012 makes child pornography an offence while Section 14 provides a punishment for the same. As per the provisions of Section 13, an offence of child pornography would be committed where the use of a child in any form of media including the internet which represents any sexual organ of a child, using a child engaged in any sexual act (real or simulated) or where there is an indecent, obscene representation of the child. The Section covers any act of child pornography either in digital mode or otherwise.

Section 14, POSCO punishes the offender for a period of which shall not be less than five years and a fine, while for the second or subsequent offences, the punishment would not be less than seven years and a fine. Further Section 15, of the same Act, provides punishment for storing and possessing child pornographic content, where possessing it for commercial gains attracts maximum punishment.

✼ Indecent Representation of Women (Prohibition) Act, 1986: Though this act does not specifically talks about the indecent representation of children, it covers such acts committed against women and punishes the offender for a term which may extend to two years and fine upto two thousand and in the case of second or subsequent offences to punishment which shall not be less than six months but may extend to five years and fine which shall not be less than ten thousand but may extend to one lakh rupee.

✼ Information Technology Act, 2000: The IT Act (2000) is the major act dealing with any cybercrime in the country. It is a comprehensive code covering offences in digital mode. The Act also covers cases of child pornography. Section 67B of the Information Technology Act, 2000 provides punishment for publishing, and transmitting material depicting child sexually explicit content. This section covers cases where the offenders seek to collect, browse, download, advertise, and promote such content, also cases where a child is enticed or induced into online relationships for or on a sexually explicit act. The abuse of children online is also covered by the provisions of this act. The first conviction under this section is punishable with a term which may extend to five years and a fine which may be extended to ten lakhs, the second or subsequent convictions are punished with imprisonment extending to seven years and a fine up-to to ten lakhs.

✼ Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: These rules notified by the Ministry of IT require the social media intermediary to keep due diligence to ensure that no content having child sexual abuse is transmitted on their platform and requires the social media intermediary to have tools to make sure compliance to these rules.

✼ Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography: India has ratified this protocol which requires the State parties to prohibit the sale of children, child prostitution and child pornography.

In compliance with the above laws, the Police and law enforcement agencies are working day and night to curb the sale, distribution, storage, and possession of child pornography. Recently, operations like 'Megh Chakra' and 'Masoom' were conducted in which raids at different places were conducted by the police agencies to seize the child pornographic content and arrest the offenders. It is a well-known fact that technology is bliss only when it is used wisely. Cybercrime, cases due to its nature, are difficult to solve and prove as these can be committed by a person in one part of the world targeting a person in another part of the world. Similarly, in the cases of child pornography, police have to look for every nook and corner to come to the source of the material.

It is not only the job of the government and police, rather it should be the responsibility of each member of society to help the police and be vigilant eye reporting such cases immediately to the police. Parents should monitor the use of the internet by minors as making friends is very easy online. Minors can be easily lured to offences and made victims of such heinous acts. Any change in the behaviour of the child might be due to his/her involvement with unsocial elements online and should be taken with serious note.

The writer is LLM from NLSIU, Bangalore. Views expressed are personal