Any content that features a sexual image or images of a child who is being mistreated or sexually exploited is considered child sexually abusive material (CSAM).Publishing or sending content in any electronic format that shows youngsters engaging in sexually explicit behavior is illegal. In India, Section 67B of the IT Act 2000 covers it.
It is illegal to create, distribute, import, receive, or possess any kind of child Pornography.On September 23, 2024, a Division Bench consisting of Justice J.B. Pardiwala and then Chief Justice D.Y. Chandrachud ruled that the Protection of Children from Sexual Offenses Act, 2012 (the “POCSO Act”) makes it illegal to merely view, possess, or store video of children having sex.
As per the POCSO Act’s Section 15(1), “any person, who stores or possesses” “child pornography” and “fails to delete or destroy or report” it faces a punishment of up to 5,000 rupees, and on repeated offenses, up to 10,000 rupees. A more severe penalty of up to three years in prison may result from possession and storage with the purpose to “transmit or propagate or display or distribute,” according to Section 15(2).
Child pornography is defined by the Indian Ministry of Women and Child Development as “any visual depiction of sexually explicit conduct involving a child, including photographs, videos, digital or computer generated images that are indistinguishable from an actual child and an image created, adapted, or modified but appear to depict a child.”
India has ratified a number of international agreements and treaties, such as the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography and the United Nations Convention on the Rights of the Child (UNCRC), that are designed to prevent child pornography.
How can we protect ourselves from such offenses?
When interacting with strangers online, exercise extreme caution and always verify their identification. It is a red flag if an online contact is being overly kind to you, pretending to have similar interests, likes, and dislikes, and expressing interest in meeting up in person. Never consent to meet up with a stranger you made online without first telling your parents.
Children should be taught about safe internet conduct and the risks of making friends with strangers they don’t know. If something makes you uncomfortable, stop talking to them right away, let your parents know, and report it on cybercrime.gov.in. If anything you read or see bothers you, let your parents know. For any incorrect post, you can report it to the social media platforms.
The 1098 helpline, also called CHILDLINE 1098, is run by the CHILDLINE India Foundation (CIF) and is a free, round-the-clock emergency phone service for children in India who require care and protection.
