Viewing child pornography an offence
Viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children is a criminal offence under Section 15 of the Protection of Children from Sexual Offences Act (POCSO) and Section 67 B of the Information Technology Act (IT Act), says the Supreme Court (SC), in a 200-page judgement.
By this judgement, the SC sets aside a Madras High Court judgment which held that mere storage of child pornographic material without any intention to transmit the same was not an offence, under POCSO Act,
Possession means constructive possession
The SC interpreted “possession” means “constructive possession”, which is beyond physical control to situations “where an individual has the power and intention to control the contraband, even if it is not in their immediate physical possession”.
SC ruling is an interpretation of POCSO & IT Acts
The SC ruling is an interpretation of Section 15 of the POCSO Act which punishes storage of child pornography and viewing child porn online without storing is also considered possession.
When a link is sent to a person, watching it for a long time would be considered “constructive possession”. The SC adds that while viewing the images on the screen, the person can print them, save them, forward them, or delete them.
The Section 67B of the Information Technology (IT) Act penalises not only the use, transmission, and publication of obscene materials, including child pornography, but made browsing, creation, collection, online facilitation, or enticement of children into any sexual act or conduct an offence.
The term child pornography is a misnomer
The SC says that the term ‘child pornography’ a misnomer which failed to capture the full extent and horror of the crime.
“Each case of what is traditionally termed ‘child pornography’ involves the actual abuse of a child. The use of the term ‘child pornography’” can lead to a trivialisation of the crime, as pornography is often seen as a consensual act between adults. It undermines the victimisation.
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