“Supreme Court Mandates Use of ‘CSEAM’ to Replace ‘Child Pornography’ in Legal Terminology”
September 23, 2024 2025-03-01 22:42“Supreme Court Mandates Use of ‘CSEAM’ to Replace ‘Child Pornography’ in Legal Terminology”
“Supreme Court Mandates Use of ‘CSEAM’ to Replace ‘Child Pornography’ in Legal Terminology”
By Tanvi Mehta
The Supreme Court of India held that the term “child pornography” should be replaced with “child sexual exploitative and abuse material” (CSEAM) in all judicial orders and judgments across the country. This decision came in the case of Just Right for Children Alliance and Anr v S Harish and Ors. The case arose from a petition seeking clarification on the interpretation of certain provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court was tasked with determining whether mere possession or viewing of digital material involving child sexual exploitation constituted an offence under the Act.
In its decision, the Supreme Court ruled that watching or storing such material could indeed be an offence under POCSO, provided there is intent to share, transmit, or make commercial gains from it. The Court emphasised that the term “child pornography” fails to capture the full extent of the crime against children and trivializes the gravity of the offences. It explained that pornography is typically associated with consensual acts between adults, which undermines the victimization of children in these cases.
The Court reasoned that the term CSEAM more accurately reflects the reality of these images and videos, which are not just pornographic but are records of incidents involving the sexual exploitation and abuse of children. It stressed that this terminology rightly places emphasis on the exploitation and abuse of the child, highlighting the criminal nature of the act and the need for a serious response.
As a result of these considerations, the Supreme Court directed all courts across India to cease using the term “child pornography” and instead adopt CSEAM in their orders and judgments. This decision aims to better reflect the severity of such crimes and ensure appropriate legal treatment of cases involving the sexual exploitation of children.
[Case: Just Right for Children Alliance and Anr v S Harish and Ors, Citation: CRIMINAL APPEAL NOS. 2161-2162 OF 2024]
