Child cyber pornography and laws to contend it

1. Child Cyber Pornography
Aleena Babu - B.Ed Semester 1

2. Child Pornography
• Child sexual abuse material also known as child pornography is a form of child sexual
exploitation. It refers to any content which depicts sexually explicit activities involving a
child.
• Child pornography uses a variety of media like visual depiction which includes videos,
photographs, and computer-generated images. These photographs and videos are most
often collected with the purpose of being shared widely for others to watch and in doing
so victimising the child many times.
• More recently, live streaming sexual abuse has begun to surface. This type of abuse is
incredibly di
ffi
cult to detect due to its real time nature and the lack of evidence left
behind following the crime.
• At a global level child pornography is one of the controversial topics. Child refers to the
person who is below the age of 18 years.

3. • The internet is being highly used by abusers to reach and abuse children
sexually, globally.
• The internet has now become a household commodity in India. It’s
explosion has made the children a viable victim to the cyber crime. As more
homes have access to internet, more children would be using the internet
and more are the chances of falling victim to the aggression of pedophiles.
• The easy access to the pornographic contents readily and freely available
over the internet lowers the inhibitions of the children. Peer pressure is
another reason for the expansion of child pornography.
• Pedophiles lure the children by distributing pornographic material, then
they try to meet them for sex or to take their nude photographs including
their engagement in sexual positions.

4. • Sometimes pedophiles contact children in the chat rooms posing as teenagers or a
child of similar age, then they start becoming friendlier with them and win their
con
fi
dence. Then they slowly start sexual chat to help children shed their inhibitions
about sex and then call them out for personal interaction.
O
ff
enders in Child Pornography
• Producers : Producers are the individuals who employ, use or advertise minors in
pornographic material.
• Distributers : Distributors are involved in commercially producing material.
• Coercers : Coercers are involved in coercing children to engage in pornographic
material.
• User : They are commonly called pedophiles.

5. Legal acts against child pornography
• Child pornography is illegal in India. The Information Technology Act, 2000
and Indian Penal Code, 1860 gives protection against child pornography.
• The Information Technology Act is set of rules that makes it illegal to not
only transmit or create child pornography in electronic form, but even to surf
it. The above section covers websites, graphics
fi
les, SMS, MMS, digital
photographs etc.
1. Section 67 of IT Act 2000
• Section 67 of the Information and Technology Act deals with publishing
obscene information in electronic form.

6. • Section 67 along with section 67A does not apply to any book, pamphlet, paper, writing,
drawing, painting, representation or
fi
gure in electronic form which is used for religious
purposes or is in the interest of science, literature, art or learning.
• Section 67B lays down the punishment for involving in sexual explicates, i.e. electronic or
online contents that depicts children. It is also illegal to induce children in sexual acts or into
online relationships.
• The punishment for a
fi
rst o
ff
ence of publishing, creating, exchanging, downloading or
browsing any electronic depiction of children in obscene or indecent or sexually explicit
manner results in imprisonment for 5 years and a
fi
ne of Rs 10 lakh.
• The Act also criminalises online child pornography in the following circumstances:
a) Publication or transmission of any material depicting children in explicit sexual act or
conduct by using any computer resource and communication device.
b) Where user uses computer or communication resource for seeking or collecting or creating
digital images or texts or downloading or promoting etc. any material in any electronic form

7. c) Cultivating, enticing or inducing children to online relationships with one or
more children for and on a sexually explicit act or in a manner that may o
ff
end
a reasonable adult on the computer resource.
d) Facilitating abuse of children online.
e) Recording in any electronic form owns abuse or that of others pertaining to
sexually explicit activities with children.
2. Section 293 of IPC 1860
• Section 293 of IPC prohibits the sale of obscene material. Section 293(1)
explains the meaning of “obscenity” and Section 293(2) explains the
punishment for the crime.

8. • According to section 293(2) whosoever sells, distributes or publicly exhibits or in any manner
circulates, or imports or exports any obscene book, pamphlet, paper, drawing, art, painting,
representation or
fi
gure or any other obscene object which is in his/ her possession is
punishable by law.
• It provides punishment on
fi
rst conviction with imprisonment which may extend to 3 years and
fi
ne of 2,000 rupees, and in the subsequent convictions with imprisonment which may extend to
7 years and also
fi
ne which may extend to 5,000 rupees.
• Except the physical contact, demanding or requesting for sexual favours, showing
pornography or making sexually coloured remarks shall constitute grounds for sexual
harassment and he/she shall be punished with imprisonment which may range from to 3 years
or
fi
ne or both.
• If any person induces a girl, who is a minor (below 18 years of age), with the intention to move
from any place or force her to perform illicit intercourse with another person, he/she shall be
punishable with imprisonment which may extend to ten years and
fi
ne for procuring a minor girl.

9. Suggestions
• Sex education should be made part of higher education syllabus.
• Organising sex education conferences and seminars at school, work place
and other forums for awareness.
• Children should also be made aware of internet and various cyber crimes
• Parents can monitor their child’s internet activity
• Legislature needs to form a separate law/statute for the prohibition of
pornography.