Supreme Court's Interpretation of Laws on Child Sexual Exploitation Online
The Supreme Court clarified that accessing or storing child sexual material is punishable under the POCSO Act.
It established that anyone who views such material is presumed to have a culpable mental state.
The Court advised replacing ‘child pornography’ with ‘Child Sexual Exploitative and Abuse Material’ (CSEAM) to better reflect the severity of the crime.
Viewing or displaying online material without physical possession still counts as “possession,” making it punishable.
It recognized Section 67B of the IT Act as effective in addressing online exploitation of children
Legal and Ethical Aspects
The ruling resolves confusion caused by differing High Court interpretations regarding the legality of merely viewing such content.
Online platforms are required to remove and report child sexual exploitation content to authorities.
The Court cautioned against narrow interpretations that might undermine child protection laws.
It recommended implementing comprehensive sex education programs to raise awareness about the legal and ethical ramifications of child exploitation.
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