Attention All!
A recent Supreme Court ruling has cast a wide net over the definition of ‘possession’ when it comes to child pornography. Simply viewing such material — without downloading or saving it — now falls within the scope of the law. The court emphasised that even the act of watching, adjusting settings, or interacting with content in any way signifies control, and thus constitutes possession under Section 15 of the POCSO Act. To illustrate, imagine someone routinely streaming such content without saving it. The court has ruled that this individual still exercises control and is fully liable under the law. So, whether you’re in a WhatsApp group with default media downloads, or just browsing, remember: ignorance of the law won’t be a defence. This isn’t just a technicality — it’s a serious crime.
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The case at the centre of it all? ‘Just Rights for Children Alliance & Anr. vs S. Harish & Ors’ is the story of a fight for the safety of children, the accountability of internet platforms, and legislative clarity that reads more like a strict headmaster’s list of “Do Nots” than a mere judgment.
Let’s break it down in simpler terms.
- Possession Is Nine-Tenths Of The Law — No, Really!
Picture this: You’ve somehow got your hands on some illegal child pornography material. Now, some might think, “Hey, it’s just on my device. No harm, no foul, right?” Wrong! The Supreme Court has said that even if you just possess such material — and heaven forbid you just forgot to delete it — you’re in big trouble.
This isn’t like forgetting to delete an embarrassing selfie. If you hold onto child pornography and don’t hit that ‘delete’ button fast enough, the law will hit you instead, courtesy of Section 15 of the Protection of Children from Sexual Offences (POCSO) Act. Simply put: If it’s in your phone or on your laptop, you better hope you’ve got a solid reason for it. Spoiler: there isn’t one.
- Intermediaries To The Rescue... Or Are They?
Ever thought, “Well, YouTube, Google, and all those other platforms will take care of everything for me, right?” WRONG AGAIN! The court has made it crystal clear that internet platforms can’t sit back and relax. These intermediaries have a duty, under Section 79 of the IT Act, to exercise due diligence. That means if someone posts illegal content, these platforms need to remove it faster than you can refresh your browser. And just to be clear, reporting it to international bodies like NCMEC (National Center for Missing & Exploited Children) doesn’t mean they can ignore Indian laws. So, the next time you’re on your favourite app, spare a thought for the poor techies working overtime to ensure they don’t miss anything illegal… because the law is breathing down their necks.
- High Courts: One Judgment, Different Opinions — Supreme Court: ‘We’ll Fix That’
If you’ve ever tried to figure out which parking spot is ‘legal’ in your neighbourhood and gotten a different answer every time, then you can relate to what’s been happening in some of India’s high courts when it comes to child pornography laws. Some courts have said, “Oh, just downloading or viewing isn’t a big deal”, while others have been all “Throw the book at them!” Well, the Supreme Court has swooped in like the boss it is and said, “Hold up, everyone, let’s clear this up”. Now, even viewing and possessing this type of material is absolutely an offence. No more legal loopholes, no more technicalities. If you’ve seen it or saved it, you’re part of the problem. Period.
- Changing The Name Of The Game (Literally)
‘Child Pornography’ — just the phrase itself sounds grotesque. And the court thinks so too. So, they’re pushing for a rephrase. Yep, you heard it right. The court wants to change the name from ‘child pornography’ to ‘Child Sexual Exploitative and Abuse Material (CSEAM)’. Why? Because they want to emphasise just how abusive, exploitative, and horrific this material really is. No sugar-coating it. This isn’t some hidden corner of the internet where people are passively consuming content; it’s a cesspool of exploitation, and the court wants the law — and society — to recognize it as such.
- You’re Guilty Until Proven Innocent — Deal With It!
Here’s the kicker: when it comes to possessing child pornographic material, the court says it’s up to you to prove that you didn’t mean to do it. That’s right. The law assumes you had ill intent, and it’s on you to convince everyone otherwise. Think of it like when you were a kid, and your parents caught you with your hand in the cookie jar. “I wasn’t actually going to eat it!” Yeah, sure. Just like that, except now it’s not cookies — it’s criminal material, and the stakes are way higher.
What This Means For The Future
This judgment isn’t just a wake-up call for those on the wrong side of the law; it’s a loud, clear message to the rest of us: children’s safety is paramount, and the law is cracking down hard to ensure they’re protected. With the Supreme Court leading the charge, platforms, law enforcement, and yes, even regular internet users, need to step up their game.
In conclusion, the court just served up a piping hot dish of justice, and it’s something the country should be proud of. But remember — if you’re on the internet, play it smart, stay on the right side of the law, and, for the love of everything holy, keep away from the cookie jar.
Stay aware. Stay accountable.
(The author is an independent counsel and columnist)
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