Unveiling Challenges In Victim Identity Protection For Child Pornography Amid Digital Exploration
- IJLLR Journal
- Nov 11
- 2 min read
Pishati Pranava, Alliance University
ABSTRACT
The problem of child sexual abuse is a global problem and present throughout the world. A child is immature, weak, and dependent on others. The POCSO Act was enacted in response to the need for laws that specifically addressed sexual offences against children. The heinous crime of child pornography is one of several types of sexual abuse recognised by the POCSO Act of 2012. Section 14 of the Act, in particular, imposes severe penalties on individuals involved in child pornography violations, such as fines and imprisonment for up to five years. Given the backlash such incidents receive from society, and the possibility that disclosing their identity will expose them to further hostile discrimination or harassment in the future, it is critical to keep the victim's identity private, especially when it involves minors who may be unaware of their legal rights.
The Act aims to protect children's privacy and reputation while also prohibiting the direct or indirect publication of their identity. Nonetheless, this protection applies only to media publications, not the internet, where reporting or disclosure is more difficult due to anonymity. India currently does not have an online mechanism in place for closely monitoring, reporting, and removing content connected to child sexual abuse. As a result, CSAM reporting and removal statistics are not available, monitored, or analysed, and there is a lack of awareness about how to report CSAM-related content. This paper attempts to critically assesses the limitations of current legal provisions, particularly under the POCSO Act, in adequately safeguarding the identities of victims and this paper also emphasises the need for re-evaluation of the treatment of child pornography offenses, advocating for distinct legal measures that acknowledge the digital nature of this form of exploitation and prioritize the protection of victims' rights and well-being.
Keywords: POSCO, IPC, Child Pornography, victim identity protection, rights of children, ministry of women and children, cybercrime, Child sexual abuse material.
