New Delhi, September 23: The Supreme Court on Monday, September 23, declared that downloading and watching child pornography is a crime under the POCSO and IT laws. The Supreme Court urged Parliament to redefine 'child pornography' as 'child sexually abusive and exploitative material,' and emphasised public sex education campaign to help reduce its spread.

This ruling comes after the Madras High Court on January 11. quashed the criminal proceedings against S. Harish (28) from Chennai, who was accused of downloading porn video content involving children on his mobile phone. SC  mentioned in its ruling that "The Madras High Court committed an egregious error in passing the judgment." SC on Child Porn: Supreme Court Rules Mere Storage of Child Pornography Is an Offence, Directs All Judges To Avoid Using ‘Child Pornography’ Term in Proceedings.

A two-judge bench led by Chief Justice DY Chandrachud ruled that downloading, watching, storing, and then deleting child pornography content are all punishable offences. Additionally, the Supreme Court has issued a directive to all courts, instructing them to refrain from using the term "child pornography" in legal proceedings. Instead, they should adopt the term "child sexually abusive and exploitative material" to more accurately describe the nature of the offence and its seriousness. ‘Watching Child Pornography a Crime’: Supreme Court Sets Aside Madras High Court Order That Ruled Downloading, Watching Child Porn Not Offence Under POCSO, IT Law.

A person can be punished for storing or possessing child pornographic material even before a case is registered. The Supreme Court has already penalised those who store or share such content for economic gain and has suggested an amendment to refer to this material as "child sexual exploitative and abuse material," asking courts to avoid using the term "child pornography."

Implementing comprehensive sex education, which covers the legal and ethical aspects of this issue, can help deter offenders. Cognitive behavioural therapy (CBT) has been effective for those already involved, and training educators, healthcare workers, and law enforcement to identify problematic sexual behaviour (PSB) is crucial. Public awareness campaigns can further reduce the prevalence of such material.

(The above story first appeared on LatestLY on Sep 23, 2024 04:37 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).