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.