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The Issue Of Child Pornography Through The Lens Of The ‘Law And Morality’ Debate





Varsha Tandon, Jindal Global Law School


ABSTRACT


Ever since the pandemic took over, our daily news became more and more shocking while accompanying the rise in the number of COVID-19 positive cases. However, there is one particular issue which may have had a more serious and haunting impact our lives and especially children of our country – the rise in the demand, upload and download of child pornography since the lockdown commenced, as per the reports of website giants such as Pornhub. The reports from Pornhub showed a 95 per cent hike in searches/activities relating to child pornography in March’2020 alone, which were basically the early days of the lockdown.1 A spokesperson of ICPF acknowledged the concern regarding such targeting of children through online platforms given the increased internet usage during the period and concluded that the pornography websites by streaming such content is violating Indian laws and policies while simply “playing hide-and-seek” by changing URLs upon getting identified and blocked by government and the ISPAI.2 The SC in the past had suggested the government to come up with ways to block child pornography while strictly stating that their rights do not extend to prohibiting pornographic content in general as that would amount to a violation of certain freedom rights under Indian Constitution.3 This paper examines and analyzes various discussions and solutions to curb this problem of restricting child pornography while dealing with the conflict regarding where and how should the line be drawn to decide the realms of morality and law within the context of the pornography rights.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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