India must act against AI-generated CSAM

Source: The post India must act against AI-generated CSAM has been created, based on the article “Digital child abuse, the danger of AI-based exploitation” published in “The Hindu” on 3rd April 2025. India must act against AI-generated CSAM.

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The release of the UK’s International AI Safety Report 2025 and its upcoming legislation targeting AI-generated Child Sexual Abuse Material (CSAM) have sparked urgent global discussions. The developments highlight how emerging technologies like AI are being misused, urging countries like India to strengthen their laws to tackle AI-enabled child exploitation.

CSAM and Emerging Threat of AI-Generated CSAM

1. The International AI Safety Report 2025 from the UK warns about the use of AI tools to create, possess, and distribute CSAM.
2. CSAM includes sexually explicit portrayals of children in audio, video, or image form.
3. AI-generated CSAM can be created without using real children, making detection and regulation harder.
4. This poses new challenges in preventing harm and protecting children’s mental health.
5. Traditional laws in most countries were not designed to address AI-generated materials.

India’s Current Readiness

1. India is currently not fully equipped to respond to this challenge:

2. Legislative Gaps: Key laws like Section 67B of the IT Act and the POCSO Act do not clearly include AI-generated CSAM.
3. Rising Cybercrime: NCRB 2022 data shows a notable increase in cybercrimes against children.
4. High Volume of Reports: As of April 2024, the National Cyber Crime Reporting Portal logged 1.94 lakh cases of child pornography.
5. International Alerts: Since 2019, India received 69.05 lakh CSAM-related reports from the NCMEC in the USA.

Existing Indian Law to Tackle Child Pornography

1. Section 67B, IT Act 2000: Punishes those who publish or transmit explicit child content online.
2. Sections 13–15, POCSO Act 2012: Ban the use of children in pornography and storing such content.
3. Sections 294 & 295, Bharatiya Nyaya Sanhita: Penalise the sale or public display of obscene materials, especially to children.
4. XxCurrent Limitation: These laws do not cover CSAM generated solely by AI tools.

UK’s New Approach to Combat AI-generated CSAM

1. Tool-Centric Focus: The UK’s upcoming law targets the tools used to create CSAM, not just the user.
2. Prevention-Oriented: It allows action during the preparation stage of the crime.

3.Expanded Scope: It includes AI-generated images, not just real child images.

4.Supporting Data: The International AI Safety Report 2025 identifies AI misuse for CSAM as a growing global risk.

Way Forward

1. Broaden Legal Terms: Replace “child pornography” with “CSAM” in the POCSO Act (as advised by NHRC, October 2023).
2. Clarify Definitions: Define “sexually explicit” under Section 67B of the IT Act.
3. Update Intermediary Roles: Include VPNs, cloud services, and virtual servers under the IT Act.

4.Modernise Laws: Amend laws to tackle AI-related risks.

5. Support Global Treaties: Adopt the UN Draft Convention on ICT and crime.
6. Strengthen Digital Law: The proposed Digital India Act 2023 must include specific provisions to counter AI-generated CSAM, inspired by the UK

Question for practice:

Examine how AI-generated CSAM challenges India’s current laws and the steps needed to address it.