NEW DELHI: The National Human Rights Commission has recommended that the phrase ‘child pornography‘ in the Pocso Act should be replaced with Child Sexual Abuse Material (CSAM).
It has also recommended that the term ‘sexually explicit’ be defined under the IT Act to ensure prompt identification and removal of online CSAM. The NHRC has sought that the definition of ‘intermediary’, under the IT Act, should include Virtual Private Network (VPN) service providers, Virtual Private Servers (VPS) and cloud service providers to avoid ambiguity and reinforce compliance of CSAM-related provisions of the Act.
It also recommended that the national database on sex offenders be expanded to include CSAM offenders convicted under the IT Act and Pocso Act.The commission has sought an action taken report from the Centre and states within two months on the wide-ranging recommendations.
The commission cited the National Centre for Missing and Exploited Children’s ‘CyberTipline Report 2022’, which showed that out of the 32 million reports received by US-based NCMEC from across countries, 5.6 million reports pertained to CSAM uploaded by perpetrators based out of India. Also, 1,505 instances of publishing, storing and transmitting CSAM under provisions of the IT Act and Pocso Act were reported in 2021.
“Considering the speed of circulation of online CSAM, the time taken for removal of content by intermediaries after getting information from authorised agencies should not be more than six hours, as against 36 hours under the rules of the intermediary guidelines 2021,” the advisory said.
The NHRC has suggested that punishment for offences pertaining to online CSAM may be reviewed and legislative changes made.
The advisory suggested setting up at least one specialised state police unit in every state and UT and a specialised central police unit under the central government to deal with CSAM-related matters.
It has also recommended that the term ‘sexually explicit’ be defined under the IT Act to ensure prompt identification and removal of online CSAM. The NHRC has sought that the definition of ‘intermediary’, under the IT Act, should include Virtual Private Network (VPN) service providers, Virtual Private Servers (VPS) and cloud service providers to avoid ambiguity and reinforce compliance of CSAM-related provisions of the Act.
It also recommended that the national database on sex offenders be expanded to include CSAM offenders convicted under the IT Act and Pocso Act.The commission has sought an action taken report from the Centre and states within two months on the wide-ranging recommendations.
The commission cited the National Centre for Missing and Exploited Children’s ‘CyberTipline Report 2022’, which showed that out of the 32 million reports received by US-based NCMEC from across countries, 5.6 million reports pertained to CSAM uploaded by perpetrators based out of India. Also, 1,505 instances of publishing, storing and transmitting CSAM under provisions of the IT Act and Pocso Act were reported in 2021.
“Considering the speed of circulation of online CSAM, the time taken for removal of content by intermediaries after getting information from authorised agencies should not be more than six hours, as against 36 hours under the rules of the intermediary guidelines 2021,” the advisory said.
The NHRC has suggested that punishment for offences pertaining to online CSAM may be reviewed and legislative changes made.
The advisory suggested setting up at least one specialised state police unit in every state and UT and a specialised central police unit under the central government to deal with CSAM-related matters.
https://m.timesofindia.com/india/nhrc-drop-child-porn-for-child-sexual-abuse-material-in-pocso-act/articleshow/104764708.cms
