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  • Anupama Soumya

CHILD PORNOGRAPHY AS A SCOURGE

Updated: Aug 28, 2020

By - Anshika Goel, a 4th Year Student at Amity Law School Delhi, GGSIPU

 
Image Source : Amnesty.org

INTRODUCTION

Child pornography means the depiction of a minor or an individual who appears to be minor in a sexually provocative act by means of videos, photos, or other computer-generated material. It is severe offences in nature as it promotes the sexual assault of children, sex slavery, human trafficking, etc.

Such photographs and videos, which include the recording of the real crime scene, are often shared for personal use. Most recently, live-streamed sexual exploitation has started to surface. In such instances, people pay to view a child's live abuse from a network of video sharing. This form of abuse is complicated to track, owing to its real-time complexity and the loss of digital evidence left behind since the incident.

Although "child pornography" remains the legal word for this content, the subject matter is horrific and awful types of child exploitation imaginable. For this cause, those seeking to counter this form of violence have begun to use the word "child sexual abuse material" (CSAM), which conveys the substance more clearly and is specifically related to the root of the matter.


DEFINITION UNDER INDIAN LAW

It has been defined in Section 2(da) of POCSO[1] as "child pornography" as any graphic depiction of sexually suggestive activity involving a child that involves a picture, film, the digital computer-created image that is indistinguishable from the real child and an image that is made, altered or modified that tends to represent the child.

The definition includes digital or computer-generated content.

India has perhaps the most noteworthy number of children in the world, Census information from 2011 uncovers that India has a sum of 472 million children beneath the age of 18 years. State protection of children ensured to Indian residents by broad perusing of Article 21[2] and is likewise commanded, given India's status as a signatory to the Convention on the Rights of the Child.


WHO IS THE ABUSER?

CSAM victims are sometimes exploited by those they know — the ones these children would have been able to trust. These offenders have direct exposure to the children they assault, using bullying techniques to normalize inappropriate activity, and promote confidentiality.

The matter of pornography of children is not only a national issue but also a major global issue that needs to be taken up as early as possible. For protecting children from exploitation and pornography, several measures are being taken both at the national and international levels.


INDIA'S RESPONSE TO COUNTER CHILD PORNOGRAPHY

Child sexual abuse laws have been implemented in India as part of India's child safety policies.

The Protection of Children from Sexual Offences Act, 2012 (herein referred to as the "POCSO Act"), provides for punishment for child pornography. Section 14[3] criminalizes the usage of children for obscene purposes in any media, including the depiction of the child's genital organs, the involvement of the child in actual or imaginary sexual acts, and the profane or improper depiction of the infant. Within the POCSO Act, the hold of the material of pornography of child for commercial reasons is criminaliz