NHRC Recommends Changes To POCSO Act For Protection of Children, Replaces ‘Child Porn’ For Child ‘Sexual Abuse Material’

According to the NHRC, about 450,207 cases of Child Sexual Abuse Material (CSAM) have been reported in 2023 so far. 204,056 cases reported in 2022 and 163,633 cases reported in 2021.

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.

According to the advisory, there has been a ‘colossal’ rise in CSAM on the internet across the globe, with more than 1,500 instances of publishing, storing, and transmitting CSAM being reported in 2021. According to the NHRC, about 450,207 cases of CSAM have been reported in 2023 so far. 204,056 cases reported in 2022 and 163,633 cases reported in 2021.

The term “sexually explicit” needs to be defined under Section 67B of the IT Act, 2000 to ensure the prompt identification and removal of online CSAM, the rights panel has said in the advisory.

ISPs, web browsers and OTT players to ensure that pop-up warning messages are displayed for searches related to CSAM, the NHRC has recommended.

“Intermediaries, including social media platforms, Over-The-Top (OTT) applications and Cloud Service Providers, must deploy technology, including content moderation algorithms, to proactively detect CSAM on their platforms and remove the same. Similarly, platforms using end-to-end encryption services may be mandated to devise additional protocols/ technology to monitor the circulation of CSAM. Failure to do so to invite withdrawal of ‘safe harbour’ clause under Section 79, IT Act, 2000,” reads the advisory.

It has also recommended training courses for and sensitisation of officials and psycho-social care and support for survivors.

Survivors of CSAM should be provided support services and opportunities for rehabilitation through various means, like partnerships with civil society and other stakeholders. Psycho-social care centres may be established in every district to facilitate need-based support services and organization of stigma eradication programmes, it says.