4 ways to prevent Child Sexual Abuse Material (CSAM)

In our previous blog, we discussed what is child sexual abuse material (CSAM), materials inclusive of CSAM and what can be the potential causes. This blog emphasizes on the steps to be taken while addressing a CSAM case, 3 major laws governing CSAM and ways to prevent it to safeguard our children!

What can be done while addressing a CSAM case?

To address a child sexual abuse material (CSAM) case in India, several legal and regulatory measures have been implemented to combat this issue effectively:

2. Reporting and Legal Support:

POCSO Act: Mandates trials to be completed within specific timeframes and provides for compensation, mental health support, and legal assistance for child victims.

3. Seeking Help:

Victims can seek psychiatric help and support from organizations like the Ministry of Women and Child Welfare, the United Nations Children’s Fund, and local NGOs specializing in child protection.

4. Support the victim:

If you know the victim or suspect someone is being victimized, encourage them to seek help from appropriate support services, such as counseling or therapy. Remember to handle the situation with sensitivity and compassion.

5. Educate and raise awareness:

Support initiatives that raise awareness about child exploitation and work towards preventing such crimes. Education is essential in fostering a safer online environment for children.

6. Support organizations:

Some groups and charities work hard to protect children from harm online. You can help them by donating money, volunteering your time, or spreading the word about the important work they do. Every little bit helps make a big difference!

By utilizing these resources, victims of child sexual abuse material in India can seek justice, support, and protection while efforts are made to combat this serious issue at various levels of society. Let’s remember that safeguarding children from online harm is not just a duty, but a collective responsibility. As Helen Keller once said, “Alone we can do so little; together we can do so much.”  Together, let’s strive to create a safer digital world for our children, where their innocence is cherished and protected

3 Laws in India governing Child Sexual Abuse Material (CSAM)

1. NCPCR – National Commission for Protection of Child Rights:

• It developed “Cyber Safety Guidelines”, and included these as a separate section in the ‘Manual on the Safety and Security of Children in Schools’ in 2017. 

• As per the information received from the Ministry of Electronics and Information Technology, the policies of the Government are aimed at ensuring a Safe Trusted and Accountable Internet for all its users. Publication or transmission of obscene material in electronic form is cybercrime. 

• As per section 77B such cybercrimes are cognizable offences. The provisions of the Code Of Criminal Procedure, 1973, prevention and investigation of cognizable offences is to be done by the police, and as per the Seventh Schedule to the Constitution, ‘Police’ is a State subject. 

• The State police departments, which take preventive and penal action as per law, including in respect of the said cybercrimes about publishing or transmitting of material containing sexually explicit acts or obscene material in electronic form.

2. The Information Technology Act, 2000:

• The Information Technology Act, 2000 (IT Act) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules,2021), together, have made a framework that cast obligations on the intermediaries, including social media intermediaries, to observe due diligence and provide that if they fail to observe such due diligence, they shall no longer be exempt from their liability under law for third-party information or data communication link hosted by them.
  
• In case of failure to follow diligence as provided in the IT Rules, 2021, by intermediaries, they shall lose their safe harbor protection under section 79 of the IT Act and shall be liable for consequential action, as provided in such law.

1. Transmission or publication of obscene/sensitive content in electronic form – Section 67 of the said Act punishes transmission or publication of obscene/sensitive content in electronic form. Imprisonment of a term of up to three years and a fine is prescribed which may extend up to Rs.5.00 Lacs on the first conviction.

2. Transmitting or publishing sexually explicit acts in electronic form – Section 67A provides punishment for transmitting or publishing obscene/sensitive digital content containing sexually explicit acts. This could be any MMS or short clips or adult content videos or images including self-clicked images. As per 67A of the I.T. Act punishment of imprisonment of a term which may extend to five years and fine which may extend up to Rs.10.00 Lacs on the first conviction.

3. Child pornography and child grooming – Section 67B punishes exploitation, child pornography or child grooming. This Section was added by the IT (Amendment) Act, 2008. According to this Section, if any person publishes or transmits material depicting children in sexually explicit acts in electronic form or creates images text, collects, seeks, downloads, advertises, promotes or distributes content that depicts children in obscene or sexually explicit manner, such person is punishable with imprisonment for a term which may extend upto five years and imposed fine which may extend upto Rs.10.00 Lacs. 
   
   The said Section also provides that if any person entices children into an online relationship with one or more children for sexually explicit acts or in a manner that can offend a reasonable adult or facilitates abusing children online or records in electronic form own abuse or that of others relating to sexually explicit act with children is punishable on first conviction with imprisonment for a term which may extend up to five years and fine up to Rs.10.00 Lacs.

4. Violation of privacy – Section 66E of the I.T. Act provides punishment for violation of privacy. Whoever intentionally or knowingly captures or publishes or transmits the images of a private area of any person without his or her consent in which violates the privacy of that person is punishable with imprisonment which may extend upto three years with fine not exceeding Rs.2.00 Lacs or both.

3. POCSO – Protection of Children from Sexual Offences Act, 2012

In 2012, the Government of India (GOI) took a decisive step to shield children from sexual offenses by enacting the Protection of Children from Sexual Offences (POCSO) Act. This legal framework focuses on safeguarding children from sexual assault, harassment, and pornography, placing a strong emphasis on their well-being and overall development. Let’s delve into the key provisions and recent amendments that make this Act a formidable deterrent against child exploitation.

The POCSO Act, designed with the best interests of children below eighteen years in mind, not only defines various offenses but also prioritizes a child’s healthy physical, emotional, intellectual, and social development. A crucial aspect of the Act is the mandatory reporting of crimes, challenging the prevailing culture of silence surrounding such offenses.

Defining Child Pornography (Section-2(da)): The POCSO Act underwent a significant transformation with the introduction of Section-2(da), explicitly defining child pornography. The provision states:

“Child Pornography means any visual depiction of sexually explicit conduct involving a child, which includes photographs, video, digital, or computer-generated images indistinguishable from an actual child, and images created, adapted, or modified but appear to depict a child.”

This definition sets the tone for the Act’s subsequent provisions, providing a clear understanding of what constitutes an offense under the purview of child pornography.

Punishment for Using a Child for Pornographic Purposes (Section-14):Section-14 addresses the gravest offenses involving the use of children for pornographic purposes. The provisions state:

• Section 14(1): “Whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term not less than five years and shall also be liable to fine. In the event of a second or subsequent conviction, imprisonment for a term not less than seven years and also liable to fine.”

• Section 14(2): “Whoever using a child or children for pornographic purposes under sub-section(1), commits an offence referred to in section 3 or Section-5 or Section-7 or Section-9 by directly participating in such pornographic acts, shall be punished for the said offences also under Section-4, section-6, section-8, section-10, respectively, in addition to the punishment provided in sub-Section(1).” These stringent provisions underscore the gravity of the offenses and ensure that those involved face severe consequences.

Punishment for Storage of Pornographic Material (Section-15): Originally focused on commercial use, Section-15 has been expanded to provide graded punishment commensurate with the level of the crime. The amended punishment includes:

• Section 15(1): “Any person who stores or possesses pornographic material involving a child, but fails to delete or destroy or report the same to the designated authority, with an intention to share or transmit child pornography, shall be liable to a fine not less than Rs. 5000/-. In the event of a second or subsequent offense, a fine not less than Rs. 10,000/-.”
  
• Section 15(2): “Any person who stores or possesses pornographic material involving a child for transmitting, propagating, displaying, or distributing in any manner at any time, except for the purpose of reporting or use as evidence in court, shall be punished with imprisonment of either description, which may extend to three years, or with fine, or with both.”
  
• Section 15(3): “Any person who stores or possesses pornographic material involving a child for commercial purposes shall be punished on the first conviction with imprisonment of either description, not less than three years, which may extend to five years, or with fine, or with both. In the event of a second or subsequent conviction, with imprisonment not less than five years, which may extend to seven years, and shall also be liable to a fine.”

How can we prevent CSAM?

Preventing Child Sexual Abuse Material is a multifaceted approach that needs collaboration and a combination of several organizations. Government, Law enforcement, guardians, and society all need to come together to prevent CSAM.

1. Strategic Law Enforcement Approach

Laws and regulations need to be enforced against the creation and distribution of CSAM. Law enforcement must continue responding to the rising online CSAM with a multi-pronged approach. These laws must aim to identify victims and perpetrators earlier and enhance triage capabilities. Newer and more advanced technologies like artificial intelligence, machine learning classifiers, computer vision, natural language processing and hash algorithms can be utilized for the enforcement of the laws.

2. Education of parents/guardians and children to prevent CSAM

Educating both the parents and children is crucial in preventing CSAM. Parents need to be taught about how to control and set age-appropriate locks for the use of the internet by children to avoid any online interaction between the abusers and the children. Children need to be educated and trained about what to do if they receive fear-based messages from the perpetrator.

Parents and children should be taught about dealing with mental health issues. Teenagers recently are suffering more through these mental health issues and they are more driven towards digital ways to combat the issues. They seek validation, attention and connection through social media applications. This gives a golden opportunity to the abusers to manipulate them and inappropriately use them.

3. Engagement of Industries –

Industries play a pivotal role in preventing CSAM, especially the internet-related and technology-related industries. Companies must come up with implementations of safety measures to save the users. Companies must be transparent with what they are doing to protect children. This helps the users can have an idea of what to expect from them. The Tech Coalition is a global alliance of technology companies working together toward the safety of children online.

Technologies have made a commitment to transparency as a part of project protection, announced in June 2020.

4. Policies of government 

As per the information received from the Ministry of Electronics and Information Technology, several policies of government aimed at ensuring safety for internet users include –
1. National Commission for Protection of Child Rights – NCPCR
2. The Information Technology Act, 2000 – IT Act
3. Protection of Children from Sexual Offences – POCSO