Divya shared her thoughts on the Supreme Court’s ruling regarding child pornography, supporting the decision to rename it as “Child Sexual Exploitative and Abuse Material” (CSEAM). The new term focuses on the exploitation and abuse of children, providing a clearer depiction of the crime.
Here are the key takeaways:
- Renaming “Child Pornography” to CSEAM: The new term better reflects the abuse and victimization of children, avoiding any association with consensual adult acts.
- Broader Definition: CSEAM includes not just pornography but also records of exploitation and abuse, covering any self-generated visual depictions of child abuse.
- Correcting Legal Loopholes: The Supreme Court ruling addresses the earlier Madras High Court’s misinterpretation, ensuring that possession of such material is considered an offense, even without transmission or publication.
- Expanded Definition of Possession: Possession now includes both physical and constructive forms. This means that accessing material via links or websites, even without downloading it, still counts as possession.
- Proving Intent: While proving the intent to share material is challenging, failing to delete or report it is seen as indicative of intent to distribute.
- Technological Challenges: There are difficulties in tackling CSEAM, especially with encrypted messaging apps and the dark web, making enforcement complex.
- Platform Responsibility: Platforms should be held accountable for removing exploitative content promptly, without waiting for court orders.
For more details on Divya’s insights –