A recent “Megh Chakra” operation took place across the entirety of India. The mission’s goal is to prevent the storage and distribution of Child Sexual Abuse Material (CSAM) online. Many people were charged with violating the Information Technology Act of 2000 after the CBI conducted a similar operation in November 2021, codenamed
 “Operation Carbon.”
Child Sexual Abusive Material perceptions
Even while it is not illegal to view adult pornography in India, it is against the law to search for, browse, download, or exchange child pornography. For data that is not their own and for which they are not the initiator, ISPs are immune from accountability.
Source: ECPAT International
CyberTipline is a reporting system for suspected cases of child sexual exploitation run by the United States‘ National Center for Missing & Exploited Children (NCMEC), a non-profit organisation. Internet service providers are required by law to report customer information regarding users who are suspected of breaking the law.
The Internet Watch Foundation (IWF) is a non-profit organisation based in the United Kingdom whose goal is to protect consumers from harmful content online. One area where they focus is on materials that could be considered child sexual abuse material (CSAM).
Consequences of Child Sexual Abusive Material
Sexual abuse of children is a complex issue since it threatens children in many ways, including their physical safety, mental health, sense of well-being, and conduct. Amplification Because of Modern Electronic Means: The abuse and exploitation of children have been amplified by the prevalence of mobile and digital technologies. Recent years have also seen the rise of new forms of child abuse, such as cyberbullying, harassment, and Child Pornography. Legislation that doesn’t work: The Protection of Children from Sexual Offences Act 2012 (POCSO Act) was passed by the government of India; yet, it has not prevented sexual abuse of children.
Source: WHO
Some possible explanations for this are as follows:
Dismal Conviction Rate The average conviction rate for POCSO cases over the past 5 years is only 32%, and 90% of cases are still pending. Delays in the judicial system: the trial and conviction procedure in the Kathua rape case took 16 months, despite the POCSO Act’s explicit requirement that it be completed within a year. Inhospitable to Children: Problems with Judging Age. Particularly those that rely on chronological rather than cognitive age.
GLOBAL COORDINATION Against Child Sexual Abuse Material
Source: EURACTV
The public has access to an anonymous reporting system for CSAM through INHOPE, a global network of 50 hotlines (46 member countries). It promotes the sharing of CSAM reports between hotlines and law enforcement agencies by providing a secure IT infrastructure, ICCAM (I- “See” (c)-Child-Abuse-Material), hosted by Interpol. By facilitating image/video hashing/fingerprinting, ICCAM helps cut down on unnecessary investigations.
In September 2016, a non-profit based in Mumbai called “Aarambh India” collaborated with the International Women’s Forum to develop India’s first online reporting system for photos and videos of child abuse. In response to Supreme Court orders, the Ministry of Home Affairs (MHA) developed a nationwide cybercrime reporting platform in September 2018 where victims of child pornography and rape-gang rape could report incidents online.
Action Steps to tackle Child sexual Abuse Material
R.S. Committee recommended intermediary responsibility: Proactively report, identify, and remove CSAM reporting identities of child porn users. The committee also proposed a non-negotiable deadline for reporting and removing CSAM.
The committee proposed social media initiatives: Age limitations at account creation, banning child exploitation, and delivering unlawful content information in many languages. The Committee advised awareness programmes on child abuse and cyberbullying for parents. The Committee advised training for child abuse investigators and reporters on child exploitation. Authorities: The committee recommended an improved National Commission on Child Rights to handle child pornography cases. Each state should also create Child Protection Commissions. State e-safety commissioners may oversee social media regulation, content flagging, and age verification.
The committee recommended India sign dark web information-sharing agreements with foreign governments. India could also appoint liaisons in priority countries to expedite requests to remove online information under the Mutual Legal Assistance Treaty.
Source: Interpol
Child Sexual Abuse Material needs to be Plugged
Following extensive investigation, the Committee has proposed that all instances of child pornography be recorded and reported by the National Crime Records Bureau.
The research recommends a comprehensive framework, including the prioritisation of abuse prevention activities, the development of child-friendly online spaces, and the coordination of all parties with a stake in child safety to produce a far more effective response. To improve the implementation of the legal framework, policies, national strategies, and standards, it is necessary to involve a wide variety of stakeholders, such as parents, teachers, community members, non-governmental organisation (NGO) partners, city and county officials, and even the police and the legal profession.
