Centre Redefines Child Porn, Moots Stiff Penalties Under POSCO

jyoti
By jyoti July 12, 2019 17:39

The Cabinet has amended the POSCO Act to include a new definition of child pornography. Read this article to know more about POSCO.

Details

  • The new definition reads, “Any visual depiction of sexually explicit conduct involving a child which include photographs, video, digital or computer-generated image indistinguishable from an actual child and an image created, adapted or modified but appear to depict a child.”
  • Neither Section 67 of the IT Act nor Section 293 of the Indian Penal Code defines child pornography. Its definition, derived from what constitutes pornography, reads, “any material which is lascivious or appeals to the prurient interests or if its effect is such as to tend to deprave or corrupt the minds of those who are likely to see, read and hear the same.”
  • According to the spokesperson of the Women and Child Development Ministry, the law will also apply to pornographic content where adults or young adults pretend to be children.
  • It is the WCD Minister’s initiative that from now there will be zero tolerance for child pornography and for that reason the definition of child pornography was essential as definition leads to setting the context of the crime.
  • Only prescribing punishment leads to the possibility that the case may get entangled in inconclusive legal battles.
  • The Cabinet has also enhanced the fine for possessing child porn to ₹5,000 from the earlier proposal of ₹1,000.
  • Some of these provisions were also contained in the Protection of Children from Sexual Offences (POCSO) Amendment Bill, 2019, during the interim-Budget session of Parliament, but the bill lapsed.

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jyoti
By jyoti July 12, 2019 17:39