NHRC issues advisory regarding Child Sexual Abuse Material on internet

New Delhi: The National Human Rights Commission has recommended that the phrase ‘child pornography’ in the POSCO Act should be replaced with Child Sexual Abuse Material (CSAM). It has also recommended that the term ‘sexually explicit’ be defined under the IT Act to ensure prompt identification and removal of online CSAM. “Terms like ‘use of children in pornographic performances and materials’, ‘child sexual abuse material’ and ‘child sexual exploitation material’ to be preferred over ‘Child Pornography’”, the advisory read.

The NHRC has sought that the definition of ‘intermediary’, under the IT Act, should include Virtual Private Network (VPN) service providers, Virtual Private Servers (VPS) and cloud service providers to avoid ambiguity and reinforce compliance of CSAM-related provisions of the Act. It also recommended that the national database on sex offenders be expanded to include CSAM offenders convicted under the IT Act and Pocso Act.

”It should consist of experts in identification and investigation of CSAM in order to focus on identifying and apprehending CSAM offenders both in dark web and open web and developing a comprehensive and coordinated response of investigation and law,” the advisory read.