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Supreme Court Judgment on Child Pornography: A Landmark Ruling to Curb Exploitation


Setting aside a Madras High Court ruling, the Supreme Court of India, in a recent landmark judgment, issued stringent directives to tackle the growing menace of child pornography in the country. The ruling comes in response to increasing concerns about the circulation of child pornographic content online, and the inadequacy of existing measures to prevent the exploitation of children.
The judgment is part of an ongoing public interest litigation (PIL) that seeks stricter regulation of online content, especially related to child sexual abuse material (CSAM). In its verdict, the Supreme Court emphasized that child pornography is a severe violation of children’s rights and dignity, stressing that it is imperative to protect minors from exploitation in both physical and digital realms. The court condemned the exploitation of children for pornographic purposes as a grievous crime and called for a multi-pronged approach to curb the circulation of such harmful content.

The Supreme Court’s judgment instructed the central government and relevant authorities to take immediate steps to:
Strengthen Laws: The court recommended the government consider amending laws like the Information Technology Act, 2000, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, to impose stricter penalties for the production, dissemination, and consumption of child pornography.
Enhance Technology: The court urged the Ministry of Electronics and Information Technology (MeitY) to collaborate with internet service providers (ISPs) and social media platforms to deploy advanced technology capable of detecting and blocking CSAM. The use of AI-driven algorithms to identify illegal content was suggested.

Create a National Database: The judgment called for the creation of a national database of convicted offenders involved in child pornography cases to track and prevent repeat offenses.

Public Awareness Campaigns: The court also stressed the need for widespread public awareness campaigns on the dangers of child pornography and the legal consequences for those involved in the production or consumption of such material.

Stringent Action Against Offenders: It was emphasized that those involved in circulating or producing child porn videos would face stringent legal action, with no tolerance for leniency. Law enforcement agencies were directed to expedite investigations into cases related to child pornography and ensure swift prosecution.

The Supreme Court’s judgment reflects the growing urgency to combat child pornography in India. The directives are expected to lead to more stringent enforcement of laws, better technological safeguards, and a more robust legal framework to protect children from exploitation in the digital age. This ruling is seen as a crucial step in safeguarding the dignity and rights of children across the nation.

Manish Tiwari

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