News By/Courtesy: Anushka Banerjee | 28 Jul 2020 13:57pm IST

HIGHLIGHTS

  • What child pornography actually is
  • global acceptance and rejection regarding the matter
  • laws related to the subject

Child pornography, images of children involved in sexual activities, is traded on the Internet around the clock. Child pornographers use the Internet's ease of distribution to sell their material to pedophiles (adults who are sexually attracted to children). In addition to purchasing child pornography, pedophiles also visit online chat rooms hoping to lure children into situations for sex. Luring or tricking a minor into sexual activity is prohibited. For example, chatting with a fifteen-year-old girl over the Internet, then suggesting a meeting is illegal to conduct. Traveling to a minor's home to engage in sex after meeting by way of Internet chat rooms is also a criminal activity that will be prosecuted.

 

The United Nations Optional Protocol on the Rights of the Child requires states to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography. The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006 require signatory or member states to criminalize all aspects of child pornography. Article 34 of the United Nations Convention on the Rights of the Child (UNCRC) stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials.

 

Child molestation is when an adult touches a child in the genital area (between the legs), or a child is made to touch an adult in the genital area. An adult touching any part of a child's body without consent (permission) from the child is also sometimes called molestation. An adult recording an instance of molestation as child pornography also harms the child. This harm from the recording is added to the harm from the molestation itself. Knowing that the molestation was recorded can slow down the child's healing from the abuse. 

 

The biggest challenge to law enforcement in child pornography cases is the anonymous nature of Internet communication. The offense also occurs at high speeds across the entire nation crossing many law enforcement jurisdictions. Generally, sellers and buyers are in different states or could be anywhere worldwide. As in other Internet criminal activities, the coordination between state, local, and federal law enforcement officials is essential.

 

All forms of pornographic material are illegal in India under IP Section-292, 293. Child pornography is Illegal by IT Act-67B. The laws of the Indian Government strictly prohibit child pornography. In February 2009, the Parliament of India successfully passed the Information Technology (Amendment) Bill, which made the creation of the IT Act and transmission of child pornography illegal. The bill also enables India's law enforcement agencies to take action against those seeking child pornography. For example, browsing for child pornography on the internet can lead to 5 years in prison and ? 1 million fine.

 

 

This article does not intend to hurt the sentiments of any individual, community, sect, or religion etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.
 

Section Editor: Pushpit Singh | 28 Jul 2020 23:09pm IST


Tags : #childpornography #youth #goodtouch #badtouch #IPC

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