Ending child pornography

In an era where the digital landscape often feels unregulated, the Supreme Court of India has made a landmark decision: the mere viewing or storing of child pornography is now a criminal offence under the Protection of Children from Sexual Offences (POCSO) Act.

This ruling addresses a critical gap in the country’s legal framework, holding not only the creators and distributors of harmful material accountable but also the consumers. By extending liability to passive viewers, the Court sends a clear message: no role, no matter how indirect, will be exempt from punishment.

The importance of this ruling cannot be overstated, given the scale of the issue. In 2020 alone, over 2.4 million child pornography cases were reported from India, according to the National Centre for Missing and Exploited Children (NCMEC). India is ranked among the top five countries for hosting Child Sexual Abuse Material (CSAM), and with more than 700 million Internet users, it plays a pivotal role in combating this global crisis.

According to the National Crime Records Bureau (NCRB), cyber-related child pornography cases in India have surged by 400 per cent over the past decade. The figures are staggering and reflect the magnitude of the issue, which transcends national borders.

India’s dual role as both a host and consumer of illicit content calls for decisive action from all stakeholders—government, law enforcement, and civil society. The Supreme Court’s ruling is a major step forward, but the fight against digital crime is complex and requires more comprehensive solutions.

While the ruling is critical in holding consumers accountable, critics argue that it places an undue burden on everyday Internet users. However, the reality is that passive consumption perpetuates the cycle of abuse.

Each click and each view of illegal material fuels the demand that drives this dark industry. By shifting the responsibility to individuals, the Court is urging people to become more vigilant about their online actions. Ignorance can no longer be used as an excuse.

Coupled with consumer accountability, tech companies must also step up. Digital platforms like Google, Facebook, and YouTube have long relied on reactive strategies, taking down harmful content only after it’s flagged.

This approach is insufficient. These platforms must develop stronger AI and machine-learning tools to identify and remove harmful content before it spreads.

A collaborative effort between tech giants and international law enforcement agencies like Interpol and NCMEC will be crucial in tackling the epidemic of child exploitation online.

Despite the progressive nature of the Supreme Court ruling, awareness about these issues remains alarmingly low. A 2022 UNICEF study revealed that 60 per cent of Indian adolescents were unaware that watching or sharing explicit content online is illegal. This knowledge gap is a significant barrier to the successful enforcement of the new laws.

Without widespread public education, illegal content will continue to thrive in the shadows, undetected and unreported. The Ministry of Women and Child Development has launched awareness campaigns, but these efforts need to be scaled up dramatically.

The public service announcements, school programs, and parental guidance initiatives must emphasise the fact that consuming CSAM is not a victimless crime. Each instance of consumption contributes to the abuse and exploitation of children.

While the focus has often been on creators and distributors, platforms that host such content are equally responsible. The legal framework now demands that these companies take more aggressive action in monitoring their platforms. It’s no longer sufficient to remove flagged content; they must prevent illegal material from being uploaded in the first place.

To meet this challenge, tech firms must invest in robust AI systems, work more closely with law enforcement agencies, and close the loopholes in their algorithms that allow harmful material to slip through. Global collaboration is key.

Just as the European Union’s General Data Protection Regulation (GDPR) forced companies to adopt stringent privacy measures, India’s ruling on CSAM could prompt a global shift in how tech companies operate.

The ruling also challenges global tech companies to adopt a more uniform approach to child protection laws across borders. In a connected digital world, fragmented regulations are no longer effective. The internet may be global, but so too must be the laws that govern it.

The ruling is a significant first step, but much work remains to be done. Stronger digital surveillance, greater cooperation between tech companies and law enforcement, and more robust public education campaigns are necessary.

Governments worldwide need to invest in cybersecurity measures and provide victim support services, including mental healthcare and rehabilitation programmes.

Criminalising the consumption of child pornography sends a clear message: the Internet is not beyond the reach of the law. As nations continue to grapple with the complexities of online exploitation, India has offered a blueprint for creating a safer, more accountable digital future.

(Author is the Director, AF Development Care, New Delhi)