Why in the News?
A recent Supreme Court ruling redefines the act of watching and downloading child pornography as a serious crime, rather than merely an adult indulgence.
Effectiveness of Existing Laws:
- Expansion of Legal Scope: The Supreme Court ruling corrected the limited interpretation of the Madras High Court by making downloading and storage of Child Sexual Exploitative and Abuse Material (CSEAM) a crime under the Protection of Children from Sexual Offences (POCSO) Act. This strengthens the legal framework for child protection.
- Shift in Terminology: The judgment reframed “child porn” as CSEAM, emphasizing that it is a severe crime rather than an “adult indulgence,” thereby acknowledging the harm caused to children.
- Mandating Responsibilities for Intermediaries: The court placed stringent obligations on social media platforms to report CSEAM content to authorities in real-time, ensuring compliance with Indian law.
What new measures will be implemented to enhance Child Safety?
- Cybercrime as an Organized Crime: Explicitly defining cybercrimes involving CSEAM as economic and organized crimes in Indian law, including outlawing emerging offenses like AI-generated child sexual abuse content.
- Forensic Lab Establishment: A domestic forensic lab equipped with advanced technology will be set up to handle CSEAM cases, enabling faster response times to flagged content and coordination with law enforcement agencies.
- National Database on Sexual Offenders: Ensuring that individuals prosecuted for possession or sharing of CSEAM are added to a database and prohibited from employment in child-related sectors.
Collaboration among Stakeholders:
- Real-Time Reporting by Social Media Platforms: The judgment mandates social media companies and intermediaries to report instances of CSEAM to law enforcement immediately, facilitating rapid intervention.
- International Cooperation: Calls for the establishment of an International Database of Sex Offenders to strengthen cross-border coordination in tracking offenders. This includes working with international agencies like Interpol to streamline efforts.
- Role of Financial Institutions: Leveraging financial institutions to trace and disrupt the financial transactions that support networks involved in child exploitation.
Educational Initiatives:
- Awareness Programs on Digital Safety: Launching campaigns to educate parents, children, and communities about the dangers of online child exploitation and methods for protecting themselves.
- Training for Law Enforcement and Judiciary: Providing specialized training to authorities on identifying and prosecuting CSEAM cases, including the use of AI in the creation of exploitative material.
- School-Based Programs: Implementing programs in schools to teach children about safe online behavior and recognise signs of potential exploitation.
Way forward:
- Strengthen Legal and Technological Frameworks: Update laws to explicitly classify CSEAM-related cybercrimes as organized crimes and establish a state-of-the-art forensic lab for swift case handling and coordination with global agencies.
- Enhance Prevention and Awareness Initiatives: Implement nationwide digital safety education for children, parents, and authorities, while bolstering collaboration with international bodies and financial institutions to dismantle exploitation networks.
