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The Supreme Court that viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children attract criminal liability under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology Act.
Supreme Court Ruling
The verdict was based on an appeal filed by Just Right for Children Alliance, a non-governmental organisation, against a Madras High Court decision
The decision overturned a Madras High Court ruling that claimed mere possession or storage of any pornographic material was not an offence under the Act.
The Supreme Court urged Parliament to “seriously consider” amending the POCSO Act to substitute the term “child pornography” with CSEAM.
The court said the government must promulgate an ordinance in the meantime to bring about the suggested amendment.
It directed courts across the country to replace ‘child pornography’ with CSEAM in their judgments and orders.
CSEAM ?
Replacing the term "child pornography" with "Child Sexual Exploitative and Abuse Material" (CSEAM) to better reflect the nature of the crime.
CSEAM emphasizes that these materials are records of actual child abuse, not consensual adult acts, highlighting the severity of the exploitation.
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