Supreme Court rule about accessing child sexual material

Source: The post Supreme Court rule about accessing child sexual material has been created, based on the article “It is an offence: Court has done well to clarify law on online content showing child sex abuse” published in “The Hindu” on 25th September is 2024

UPSC Syllabus Topic: GS Paper 2- Governance-mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context: The article explains a Supreme Court ruling that accessing or storing child sexual material is punishable under Indian law. The court clarified laws, discouraged using the term “child pornography,” and recommended education on the legal and ethical issues of such content.

For detailed information on Supreme Court’s Verdict on Child Sexual Exploitative and Abuse Material (CSEAM) read this article here

What did the Supreme Court rule about accessing child sexual material?

1. The Supreme Court of India ruled that accessing or storing child sexual material is punishable under the Protection of Children from Sexual Offences (POCSO) Act.
2. This ruling applies to both possession and viewing of such material online, even without actual storage on a device, by invoking the doctrine of “constructive possession” under Section 15 of the POCSO Act.
3. The Court set aside a Madras High Court judgment that had quashed charges against someone for viewing child sexual content, emphasizing that merely watching such material also violates the law.
4. The judgment highlighted the need to avoid narrow legal interpretations, reinforcing the penalties outlined in Section 67B of the Information Technology Act and Section 15 of the POCSO Act.

For detailed information on Functioning of the POCSO Act read this article here

What are the recommendations given by the Supreme Court?

1. The Court recommended using the term “Child Sexual Exploitative and Abuse Material” (CSEAM) instead of “child pornography” to better reflect the gravity of the crime.
2. The Court has reminded platforms and intermediaries of their duty to remove such content as well as report it to the police units concerned.
3. The Court urged the government to implement comprehensive sex education programs to raise awareness about the legal and ethical issues related to child exploitation.

Question for practice:

Discuss the Supreme Court’s ruling on accessing or storing Child Sexual Exploitative and Abuse Material (CSEAM) under Indian law and its recommendations for addressing the issue.