It mentioned to any content that portrayed sexually directed activities including a child. Optical portrait include photographs, videos, digital or computer generated images. It is also considered to be any depiction of a minor or an individual who appears to be a minor who is engaged in sexual or sexually related conduct. This includes pictures, videos, and computer-generated content. Even changing an image or video so that it looks to be a minor can be contemplated child pornography. Federal and state laws make it a crime to produce, distribute, or even just possess pornographic materials that portray a minor (someone under the age of 18).progressively, child pornography laws are existence depend on to punish respective who use the internet to divide or get pornographic images and videos involving children.

Federal laws that including child pornography is:

  • Child sex abuse
  • Selling or purchase of children;
  • Other materiel related practices involving the sexual abuse of minors
  • Certain practices relating to content that constitutes or includes child pornography
  • Rendering sexually explicit representations of a juvenile for importation into the USA

LEGAL STATUS RELATED TO CHLD PORNOGRAPHY:

  • Pornography in any form is illegal in India and comes under section 292 and 293 of the Indian penal code (IPC).
  • Information technology act (IT) of section 67B makes child pornography illegal in the country.
  • But neither section 67 of the IT act nor section 293 of Indian penal code defines child pornography.
  • The laws strictly prohibit child pornography in India and any person convicted for browsing child porn content can be rewarded a sentence of five years in prison and a fine of one lakh rupees.
  • New description “Any visual image of sexually guided activity includes a child indulging in photos , video, digital or computer-generated images that are indistinguishable from an actual child and an image that has been developed, adapted or changed but appears to reflect a child.”
  • It has proposed for making internet service providers (ISPs) accountable for the availability of such content.
  • ISPs are to recognize and detach child sexual abuse material (CSAM) as well as report such satisfied and those trying to entry them to the jurisdiction under the national cybercrime portal.
  • The revised law will also put in to pornographic content where adults or young adults pretend to be children.
  • The fine for possessing child porn but not deleting or reporting it is increased to ₹5,000 from the earlier proposal of ₹1,000.
  • If a person stores such content for distributing it further, except for when presenting it in court as evidence, he could face a punishment of up to three years.
  • It has called build up for the National Commission for Protection of Child Rights (NCPCR) so that it can serve as the nodal body for curbing child pornography.
  • NCPCR should include technology to curb circulation of child porn such as breaking end-to-end encryption to trace its distributors of child pornography, mandatory applications to monitor children’s access to pornographic pleased, utilizing photo DNA to target profile pictures of groups with CSAM.
  • To strengthen state-level implementation it has recommended appointing ‘safety commissioners’ in every state, who could monitor the reporting of sexual exploitation of children on social media.
  • The FBI chief operations officer testified that images of child pornography “appetites for real world sexual encounters with children”. Though viewing child pornography does not necessarily lead to sex crimes against children. These statistics suggest that the connection between viewing child pornography and committing sexual abuse crimes against children is significant.

 

In the case of Ranjit D. Udeshi v. State of Maharashtra, [1965] 1 S.C.R. 65 this Court had to decide the question of constitutional validity of Section  292 I.P.C. and had also to interpret the word ‘obscene’ used in the said Section. This Court upheld the constitutional validity of the Section and the question of validity of the said section is, therefore, no longer open and has not been very appropriately challenged in the present case. On the question of interpretation of the word ‘obscene’ in Section 292 I.P.C.

The Adhoc Committee of the Rajya Sabha instituted by Chairman Shri M. Venkaiah Naidu has built 40 far-reaching guidance to put a stop for sexual abuse of children and to have access to and transference of child pornography satisfied on the social media. Communicating concern over the solemnity of the generality of the dreadful social evil of child pornography, the Committee has endorsed important amendments to the Protection of Children From Sexual Offences Act, 2012 and the details Technology Act, 2000 apart from technological, institutional, social and educational estimates and state-level inventiveness to address the frightening issue of pornography on social media and its results on children and the society as a whole. The 40 recommendations made by the Adhoc Committee concern to assumption of a wider definition of child pornography, running access for children to such content, holding generation and spreading of Child Sexual Abuse Material (CSAM), building responsible the Internet Service Providers and online platforms for contradicting access to children and detaching such indecent content from online sites apart from monitoring, observation and removal of content, stopping under-age use of such content, authorizing parents for early detection of accessing such content by children, enabling successful action by the governments and jurisdiction agencies to take necessary preventive and penal measures, etc.

With Regards

Shireen Sultana

Internship-Indian Media Council (IMC)