From Pixels to Prosecution: Media Literacy Imperative towards ‘CSEAM’

In a landmark decision that reverberates through the corridors of justice, the Supreme Court of India, in its verdict, declared that viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children attract criminal liability under the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology Act. As the gavel strikes against the dark corner of ‘Child Sexual Abuse’ material, debates and discussions have mounted towards responsible viewing, protection, and the moral fabric of society. However, a significant question looms in a Digi-Driven space where boundaries are blurred, and shadows deepen: How responsibly are we drawing the line in the virtual sand?

A three-judge Bench, headed by Chief Justice D.Y. Chandrachud, said the sexual act was only the beginning of a child’s victimisation. “It continues through its recording, and perpetuated as photographs and videos that float through cyberspace, freely accessible to anyone who has the ability to surf the internet… the knowledge that their abuse is being watched by countless strangers, sometimes years after the actual event, exacerbates those psychological wounds on top of the trauma that was already induced by the act in the first place. This perpetuating violation deprives the victim of any remaining hope or chance to heal, recover from the abuse and find closure,” Justice J.B. Pardi Wala, who authored the 200-page judgment termed as
groundbreaking by the Chief Justice, observed. The Bench also urged Parliament to “seriously consider” amending the POCSO Act to substitute the term “child pornography” with “Child Sexual Exploitative and Abuse Material” or CSEAM. As reported in The Hindu, the Apex Court found the term ‘child pornography’ a misnomer, which failed to capture the full extent and horror of the crime. Parading towards stringent measures to combat the proliferation of such material on the internet, the bench drew attention to Section 67B of the Information Technology (IT) Act. The provision had penalised not only the use, transmission and publication of obscene materials, including child pornography, but also made browsing, creation, collection, online facilitation or enticement of children into any sexual act or conduct an offence. According to The Hindu, the judgment referred to ingenious ruses used by people to cover their tracks online. One of them was the circulation and sale of links containing child pornographic material. The court referred to how a person could view and delete these links to evade liability under POCSO and the IT Acts.

While the ruling undeniably reinforces the protection of vulnerable individuals, it also raises discussions of comprehensive sex education (CSE) programmes that include the legal and ethical ramifications. Significant agencies like the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) significantly address
adolescent well-being based on positive physical, sexual, neurological, and psychosocial health and development. According to a report published in a highly reputed journal, The Lancet (2018), “despite the profound and measurable benefits of investment in sexual and reproductive health, there has been a significant gap in terms of political commitment, resource availability,
and an unwillingness to address issues related to sexuality openly and comprehensively”. In India, two national-level programmes prioritise adolescent health issues. NCERT’s Adolescence Education Program (AEP) was launched in 2005 with an attempt to create national-level sex-ed programmes with age-appropriate, accurate, and culturally relevant information. MoHFW and MoE under Ayushman Bharat initiated extending the efforts, in 2018, a joint effort titled School Health Programme (SHP). This initiative mounts on the experiences of young people and empowers them to respond to real-life challenges effectively.

The Supreme Court of India’s ruling on criminalising the act of watching ‘child sex abuse’ material argues the need for media literacy measures. These measures help protect vulnerable individuals and amplify empowerment measures to navigate the digital landscape responsibly. Promoting a media-literate society, individuals are empowered to differentiate between appropriate and harmful content, reducing the possibility of inadvertently engaging in exploitative content. Media literacy measures also inculcate the culture of responsible digital citizenship and offer agency to evaluate information and judiciously understand the privacy implications. Along with the media literacy imperative, the ruling also edges towards ‘Sharenting’, this term has its etymology by blending share and parenting. This activity involves sharing photos, videos and other updates on the child’s daily activities online by their parents. Sharenting has a Janus-faced aspect, which allows parents to spend too much time on social media spaces and compromising privacy and children’s rights. On the other hand, it offers them the possibility of archiving their children’s activities and cherishing the pride and warmth their children hold on their lives. Assam Police, in its social media awareness campaign #DontBeSharent, shared a series of AI-generated images to warn parents from sharing frequent posts related to their children on social media, the posts received remarkable appreciation from netizens. 

In a country like India, there is still a long way to empower and humanise the masses towards responsible viewing and creating an atmosphere of accountable digital citizenship. Media literacy continues to evolve, and this verdict acts as a supreme force for integrating online safety education into curricula, raising awareness about the risks of online exploitation, and fostering a collective commitment to creating a safer digital environment for all.