Supreme Court’s Verdict on Child Sexual Exploitative and Abuse Material (CSEAM)

Source- This post on Supreme Court’s Verdict on Child Sexual Exploitative and Abuse Material (CSEAM) is based on the article “Viewing, storing child sexual exploitative and abuse material an offence under POCSO, IT Act, says Supreme Court” published in The Hindu on 24th September 2024.

Why in News?

In a recent judgement, the SC ruled that viewing, downloading, storing, distributing, or displaying pornographic acts involving children is a criminal offense under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.

Supreme Court Judgment:

1. The Court highlighted that the sexual abuse of a child is just the beginning of their victimization, and the recording, circulation, and viewing of these acts in cyberspace perpetuate the trauma.

2. Viewing CSEAM is equated with the act of child sexual abuse due to the shared malicious intent of sexual exploitation and degradation.

3. Constructive Possession and Criminal Liability: The court introduced the concept of “constructive possession,” holding that individuals can be criminally liable if they had control over CSEAM, even if they deleted it later. Offenders should not evade liability through tactics like deleting child pornographic materials after viewing.

4. Possession and Intent to Transmit: The Court ruled that even the mere storage of such material, without deleting it, constitutes possession and intent to transmit, disagreeing with attempts to argue otherwise.

Supreme Court Directions:

1. Use of the Term CSEAM: Courts across India are directed to use the term “Child Sexual Exploitative and Abuse Material” (CSEAM) in place of “child pornography” in all judicial orders.

2. Amendment to POCSO Act: The Supreme Court called upon Parliament to amend the POCSO Act to officially replace the term “child pornography” with CSEAM. Meanwhile, it recommended that the government promulgate an ordinance to implement this change.

3. Reporting Suspicious Materials: The Court advised that automatic downloads or suspicious links should not only be closed but reported to the authorities for further investigation.

Legal Framework

1. Section 15 of the POCSO Act criminalizes the storage and possession of child pornography (now referred to as CSEAM).

2. Section 67B of the IT Act penalizes the use, transmission, and publication of obscene materials involving children, including viewing and browsing such content.

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