NHRC recommends tweaks in POCSO against online child sexual abuse
The National Human Rights Commission (NHRC) has reportedly recommended modifications to the Protection of Children from Sexual Offences (POCSO) Act, 2012, to protect children. The proposed changes were aimed at bolstering the fight against child sexual abuse by addressing legal and administrative loopholes, the Hindustan Times reported. It reportedly also asked states and union territories to block the production, distribution, and consumption of Child Sexual Abuse Material (CSAM) on the internet and submit action-taken reports within two months.
What does NHRC recommend?
The NHRC advised changing the term "Child Pornography" in Section 21(da) of the POCSO Act to "Child Sexual Abuse Material." It proposed defining sexually explicit content under Section 67B of the Information Technology Act, 2000, per OneIndia.com. The rights panel also recommends that Section 41A CrPC, which exempts the accused from unnecessary arrest, be omitted in online CSAM-related offenses due to their serious nature. These offenses currently have a punishment of seven years or less.
'Detection, removal of CSAM by intermediaries'
Furthermore, the advisory reportedly urges intermediaries like social media platforms, over-the-top (OTT) applications, and cloud service providers to implement content moderation algorithms for proactive detection and removal of CSAM. It also proposes mandatory additional protocols/technology for platforms using end-to-end encryption services to monitor the circulation of such material. Non-compliance could lead to the removal of the "safe harbor" clause under Section 79, IT Act, 2000.
'Specialised police units, national database'
In addition, the NHRC suggested creating a specialized central police unit within the government of India to handle CSAM-related issues. It recommends that each state and union territory have at least one specialized police unit for detecting and investigating CSAM cases. The advisory also proposes the creation of a national database with hash values of known CSAM by the central police unit, enabling intermediaries to effectively block necessary content.
'Sensitization of officials, support for survivors'
Apart from legal measures, the commission highlighted the importance of sensitization training for officials dealing with CSAM issues and psycho-social care support for survivors. It also recommends rehabilitation opportunities through partnerships with civil society organizations. The advisory encourages awareness and sensitization of parents and children in schools, colleges, and other institutions to recognize signs of online child abuse. Additionally, the establishment of psycho-social care centers for survivors of CSAM is recommended.
CSAM increased by 250-300% on social media in India: NHRC
In May, the NHRC revealed that the circulation of CSAM has increased by 250 to 300% on social media in India. However, it said the CSAM contents were from foreign, and that Indian investigation agencies have not come across any Indian-made CSAM till May 2023. Citing media reports, the NHRC claimed that about 4,50,207 cases of the spread of child sexual abuse material have been reported in 2023. Of these, 4,47,168 cases are currently being studied.
