WCD ministry defines child pornography to crackdown on violators under POCSO

NEW DELHI: To step-up the crackdown on material involving child porn, the ministry of women and child development has, in a first, come up with a definition of what encompasses

child pornography

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Anyone found in possession of even digital or computer generated sexually explicit images that appear to depict a child, will have to face punishment, as per the definition of child pornography introduced by the ministry of women and child development in the proposed Protection of Children from Sexual Offences (Amendment) Bill.

The bill was approved by the union cabinet on Wednesday.

According to WCD ministry, the definition elaborates that "any visual depiction of sexually explicit conduct involving a child which includes photographs, videos, digital or computer generated image indistinguishable from an actual child and an image created, adapted or modified but appear to depict a child."

It is proposed to even bring adults feigning as child in pornographic material, morphed images of children and animations depicting child porn within the ambit of investigation and punishment under POCSO.

The bill proposes that any person who stores or possesses pornographic material in any form involving a child but fails to delete or destroy or report the same shall be fined anywhere between Rs 5000 to Rs 10,000.

The maximum limit for fine has been kept open, an official said.

In the previous Bill tabled in parliament in January, the fine for first time offender was Rs 1000 and Rs 5000 for repeat offender.

Anyone found to be possessing pornographic material involving children for propagating or distribution is liable for imprisonment of up to three years and those storing child pornography material for commercial use can face imprisonment of three years the first time, five years the second time and seven years for subsequent violation.

These crimes also attract fines.

The Bill previously introduced in parliament in January lacked a definition on what would be defined as child pornography. It lapsed when the tenure of the previous NDA government ended. The Narendra Modi government in its second tenure has decided to re-introduce the Bill with these changes. Most of the provisions under the earlier Bill have been amalgamated in the new Bill including punishment upto death penalty for aggravated sexual assault against both girl and boy.

According to the official spokesperson of the WCD ministry, minister Smriti Irani has called for zero tolerance for child pornography and it was felt that a definition of child pornography was essential. “The definition leads to setting the context of the crime. Only prescribing punishment leads to possibility that the case may get entangled in inconclusive legal battles,” the spokesperson said.

This is also seen by the ministry as a step that underlines and enforces citizens’ responsibility to report and destroy, because not reporting it is a crime.

On the severity of the problem, the WCD ministry highlights two cases. In Kerala, a person was arrested for allegedly running a child porn chat group and an online porn channel.

In Delhi, CBI arrested 1 of the 5 suspect administrators of a Whatsapp group for allegedly circulating pornographic videos and photos of children. The group consisted of 119 members from 40 countries, involved in the racket.