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  • The court has clarified the law regarding online content depicting child sex abuse.
    Posted on September 26th, 2024 in Exam Details (QP Included)

    The court has clarified the law regarding online content depicting child sex abuse.

    • The Supreme Court of India clarified the penal consequences of accessing or storing sexual material concerning children, aligning with the Protection of Children from Sexual Offences (POCSO) Act.
    • The court emphasized the legislative intent of presuming the culpable mental state of a person accessing and viewing such material.
    • The term ‘child pornography’ was suggested to be ‘Child Sexual Exploitative and Abuse Material’ (CSEAM).
    • The court also clarified the implications of certain provisions of the Information Technology Act, 2000, and POCSO Act.
    • The court ruled that any act of viewing or displaying child pornographic material without actual possession or storage would also be a ‘possession’, punishable under Section 15 of POCSO.
    • The court cautioned against narrow interpretation of some provisions to ensure the legislative intent of penalising cyber-offences relating to children is not defeated.
    • The court reminded platforms and intermediaries of their duty to remove such content and report it to police units.

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