By Shaurya Mahajan.

In a landmark judgment, the Supreme Court bench redefined the legal framework surrounding child pornography. The Court held that the term “child pornography” trivializes the gravity of the crime, as pornography typically involves consensual adult acts. To more accurately reflect the nature of the offence, the Court introduced the term “Child Sexual Exploitative and Abuse Material” (CSEAM). This new terminology highlights that such images and videos are not merely pornographic but are records of the sexual exploitation and abuse of children. The Court directed that, moving forward, all judicial orders and judgments should use the term “CSEAM” to underscore the criminal nature of these acts.

The bench also ruled that under Section 15 of the Protection of Children from Sexual Offences (POCSO) Act and Section 67B of the Information Technology (IT) Act, any form of involvement with child pornography—including storing, watching, or sharing such content—is a penal offence. This verdict reinforces the accountability of individuals involved in the circulation or consumption of CSEAM, regardless of the level of participation.

Additionally, the Court addressed the obligations of social media intermediaries in reporting child exploitation cases. It held that intermediaries cannot claim immunity under Section 79 of the IT Act unless they comply with the due diligence requirements under the POCSO Act, particularly Sections 19 and 20, along with Rule 11 of the POCSO Rules. This due diligence includes not only removing CSEAM content but also immediately reporting such material to law enforcement. The Court clarified that compliance with the Memorandum of Understanding (MoU) or IT Act alone does not absolve intermediaries from liability under POCSO unless they fully adhere to its provisions.

[Case Name – JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH]

Click here to view the Judgement