Let’s see the legal side of the issue
Hey netizens, You are Reading the awareness blog series of our group on Child pornography. Welcome to my first blog in this series and the topic of my blog is ‘Legislation and policies to protect children online.’ And my duty is to introduce you all with the various laws and policies which are designed to protect these innocent souls from the evil of child exploitation.
My blog will be quite like legal literature. But i think that everyone should know the legal side of this problem, then and then only each and every one who is reading these blogs can take legal action on the people who are doing these illegal acts and using these innocent souls for their personal profit.
So let's start our topic, The policy and legal framework for cybersecurity in India is evolving . It can be used effectively even with its limitations to build a comprehensive strategy and action plan for addressing the issue of child online protection in the country through concerted and coordinated efforts by various law enforcement agencies.
Now let's see what the constitution of India says. The Constitution of India provides special legislation, policies and interventions for children. The provision of protecting children from abuse can be interpreted to include online abuse, which allows for the establishment of appropriate legal protection and systems.
Based on these commitments following improvements can be done:
Children are to be given opportunities to develop in a healthy manner with freedom and dignity.
This allows for access to opportunities through ICT for learning and development, while being protected from possible harm.
The State is responsible for ensuring that children are protected from exploitation.
This is an enabling provision for building systemic measures to protect children from possible exploitation through ICT.
The other major role is performed by The National Policy for Children (NPC), 2013.It allows for measures to ensure equal access to opportunities for all children through ICT with appropriate safeguards. It affirms the Government’s commitment to the rights-based approach in addressing the continuing and emerging challenges in the situation of children.
It also articulates the “State’s commitment to take affirmative measures – legislative, policy or
otherwise – to promote and safeguard the right of all children to live and grow with equity,dignity, security and freedom, especially those marginalized or disadvantaged; to ensure that all children have equal opportunities; and that no custom, tradition, cultural or religious practice is allowed to violate or restrict or prevent children from enjoying their rights”
Now let's see what India's IT act says. The Information Technology Act, 2000 and the Information Technology (Amendment) Act, 2008 are the main pieces of legislation concerned with online activities. Inclusion of the term “communication device” covers any communication device used to transmit any text, video,audio or image, i.e., mobile phones, computers, iPads/tablets, gaming consoles or similar devices. The amendment in 2008 broadened the scope of the original law and clarified the scope of some provisions.
The law identified the following as online offences against children:
Transmission and publication of obscene material, i.e., child pornographic material or otherwise adult content in electronic form;
Transmission or publication of sexually explicit acts in electronic form (including any
adult content video, MMS, short clip or image including ‘self-clicked images’);
Transmission or publication of material depicting children in sexually explicit acts in electronic form or creating images, text, collecting, seeking, downloading, advertising, promoting or distributing content that depicts children in an obscene or sexually explicit manner;
Enticing a child or children into an online relationship for sexually explicit acts or in a manner that can offend a reasonable adult, or facilitate abuse of children or recording in electronic form own abuse or that of others relating to a sexually explicit act with children. The provisions cover child pornography, grooming, sexual predation, sex webcam recording and live webcam streaming of sexual conduct
Intentionally or knowingly capturing or publishing or transmitting images of a private area of any person with or without his or her consent as it violates the privacy of the person (includes clicking a picture of oneself or a person with consent and posting it on any communication device in nude or semi-nude form);
Securing access to a computer without authority, downloading or copying data (data theft), introducing a virus or causing damage to a database or programme, disrupting access, tampering with a computer in any way, charging services to another person, destroying evidence or similar activities with the aim of causing damage;
Dishonestly receiving any computer resource or communication device, identity theft, i.e., making use of someone’s password or electronic signature, cheating by personation (through blogs, fake profiles, false e-mail addresses and fake images) and breach of confidentiality and privacy by sharing or making private information public.
The provisions of the Information Technology Act have been fortified by the Protection of Children from Sexual Offences Act, 2012 which deals with several online offences against children, including child pornography and grooming. Media, hotels, photographic studios, clubs, hospitals, etc. are legally bound to report any child pornographic material. The following are offences under the law:
Sexual harassment of a child by showing any object in electronic form for pornographic purposes, or repeatedly making contact with a child digitally or threatening the child to use any form of media (Section 11 (ii), (iii) and (iv));
Using real or simulated images of a child for pornographic purposes or enticing of children for sexual gratifi cation or pornography (Section 13(a), (b) and (c));
Using or engaging a child in any medium like print, electronic, computer or any other technology for preparing, producing, offering, transmitting, publishing, facilitating and distributing pornographic materials (Section 13(a), (b) and (c));
Storing any pornographic material in any form involving a child for commercial purposes (Section 15);
Abetment to commit any of the above offences (Section 16)
All policies, whether related to education, ICT or cybersecurity, are expected to incorporate the principles and measures laid down by the NPC to provide children with equal opportunities for learning and empowerment, while building safeguards for their protection from possible harm. The provisions in the education section of the NPC emphasize safety and a safe learning environment, and the use of ICT and equal access to ICT by all children. These are enabling provisions for a balanced approach to providing appropriate opportunities for accessing information, participation and building safeguards for protecting children from potential risks and harm from the online environment.
I think this much will be enough for today's blog. For further information please stay tuned and our aim is to create awareness among people so please share this blog series with your friends and family members on your social media handles and help us in this noble cause.
Give children a voice. Be that voice!
