Source: TH
Context: The Supreme Court of India has ruled that viewing, downloading, storing, or distributing child sexual exploitative and abuse material (CSEAM) is a criminal offence under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act.
- A three-judge bench led by Chief Justice D.Y. Chandrachud emphasized that the harm to the victim continues even after the abuse, through the circulation of exploitative material online.
- The court urged Parliament to amend the POCSO Act to replace the term “child pornography” with CSEAM, which more accurately describes the crime.
- The judgment criticized the use of “child pornography” as it trivializes the abuse, explaining that both viewing CSEAM and the act of child sexual abuse share a common intent—exploitation for sexual gratification.
- Additionally, the court introduced the concept of “constructive possession,” holding individuals accountable for having the ability to control or delete such material, even if they attempt to evade liability.
The judgment calls for immediate legal reforms and encourages people to report any unknown or suspicious links involving CSEAM.
