Context:
Recently, The Supreme Court asked centre to explain the measures taken to curb the availability of Child Sexual Exploitation and Abuse Material (CSEAM) on digital platforms. The Court directed the Ministry of Electronics and Information Technology (MeitY) and the Ministry of Law and Justice to submit a report on the implementation of its directions issued in the 23 September 2024 judgment in Just Rights for Children Alliance & Anr. v. S. Harish & Ors.
Supreme Court's Recent Direction:
The Court asked them to clearly explain:
- Steps taken to implement the 2024 judgment.
- Measures adopted to curb CSEAM on digital platforms.
- Precautions proposed to prevent future lapses by social-media intermediaries.
- Progress regarding an action-taken report and Standard Operating Procedure (SOP).
What is CSEAM?
Child Sexual Exploitation and Abuse Material (CSEAM) refers to digital, visual or audio material depicting the sexual abuse or exploitation of children. It can include photographs, videos, live-streamed content and certain digitally manipulated representations.
The terminology CSEAM is preferred over “child pornography” because it recognises that such material documents sexual exploitation and abuse of children, rather than consensual adult activity.
2024 Supreme Court Judgment:
In Just Rights for Children Alliance v. S. Harish, the Supreme Court examined Section 15 of the POCSO Act and clarified that viewing, displaying or distributing such material can attract the concept of possession in circumstances covered by the law, even where the material is not conventionally stored on a device.
The Court also called upon Parliament to consider replacing the expression “child pornography” with CSEAM to better reflect the nature of the offence.
About POCSO Act, 2012:
The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a gender-neutral law protecting children below 18 years from sexual assault, sexual harassment and exploitation.
Key Provisions
- Section 15: Deals with storage/possession of child sexual abuse material for specified purposes.
- Section 19: Provides for mandatory reporting of offences.
- Special Courts: Ensure child-friendly procedures and in-camera trials.
- Aggravated offences: Provide enhanced punishment in specified circumstances.
- 2019 Amendment: Strengthened punishments for serious sexual offences.
Challenges:
- Rapid and repeated online circulation of abusive material.
- Encrypted and anonymous digital communication.
- Cross-border nature of cybercrime.
- Difficulties in identifying victims and offenders.
- Need for effective coordination between platforms and law-enforcement agencies.
Way Forward:
India needs a multi-dimensional approach involving stronger cyber-investigation capabilities, rapid reporting and removal mechanisms, better cooperation with digital intermediaries, victim-support systems and comprehensive sex education and awareness programmes.
Conclusion:
The Supreme Court's intervention highlights the need to ensure that technological progress does not undermine child safety and dignity. Effective implementation of POCSO, responsible digital platforms, specialised cybercrime mechanisms and preventive education are essential for creating a safer digital environment for children.
