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A Cyber Child Pornography Prevention and Control under IT


Act 2000

Introduction
MEANING OF CHILD PORNOGRAPHY

As per Wells, M: Finkelhor,D; Wolak, J; Mitchell, K. Legal definition of child


pornography generally includes sexual images involving prepubescents and
pubescent or post-pubescent minors and computer-generated images that
appear to involve them. Child pornography refers to images or films (also
known as child abuse images and in some cases writings depicting explicit
activities involving a child; child pornography is a record of child sexual
abuse.

Human activities in the age of digitization have increasingly become


dependent on technology, especially information technology. The existence of
child pornography can be traced back to times even before the Internet became
a reality. Initially, child pornography or child sexual abuse material (CSAM)
was prevalent in the paper form which included images, drawings or
illustrations depicting children engaging in sexual acts that were published in
the form of photographs, magazines and other print media.

During the late 1980s with the emergence of the Internet, the child
pornography industry was encouraged and was promoted Child pornography
primarily involves recording the sexual abuse of a child in the form of a
photograph, film, video or an audio clip. It also includes computer-generated
images, pictures or animations depicting children engaging in sexually explicit
acts. The Internet served as a potent tool that enhanced the demand for CSAM.
According to City of Youngstown v. De Loreto (USA, 1969) Pornography is
the portrayal of erotic behavior designed to cause sexual excitement.

Cyber child pornography prevention and control is an essential aspect of


safeguarding children from the harmful and exploitative nature of online
content.

One of the key provisions relating to cyber child pornography in the IT Act
2000 is Section 67B, which criminalizes the publishing, transmitting, or
causing the transmission of any material that contains sexually explicit acts
with a child. This provision clearly states that any person involved in such
activities, including production, distribution, or possession of CSAM, can be
held liable and subjected to stringent legal actions.

To effectively combat cyber child pornography, the IT Act 2000 empowers


law enforcement agencies to investigate and prosecute offenders. It
encourages cooperation and coordination between various stakeholders,
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including government agencies, NGOs, and international bodies, to actively


work towards prevention, detection, and reporting of instances related to child
pornography.

STATEMENT PROBLEM

The issue of Cyber child pornography prevention and control under the IT Act
2000 poses significant challenges and necessitates comprehensive measures to
safeguard children from online exploitation.

Explanation: The rapidly evolving digital landscape has brought with it


numerous benefits but also significant risks, especially for vulnerable
individuals such as children. Cyber child pornography remains a prevalent and
disturbing problem globally, requiring effective prevention and control
measures. The Information Technology Act 2000 (IT Act 2000) in India
serves as a framework to combat various forms of cybercrime, including child
pornography. However, the nature of cyberspace presents unique challenges
that demand constant adaptation and enhancement of existing laws and
strategies.

OBJECTIVES OF THE STUDY

The objectives of the study on cyber child pornography prevention and control
under the IT Act 2000 may include:

1. Assessing the current state of cyber child pornography and its impact
on children.
2. Examining the provisions of the IT Act 2000 relevant to the prevention
and control of cyber child pornography.
3. Identifying gaps in the existing legislation and its enforcement in
effectively addressing cyber child pornography.
4. Analyzing the challenges faced by law enforcement agencies in
investigating and prosecuting cyber child pornography cases.
5. Exploring international best practices and policies for preventing and
controlling cyber child pornography.
6. Evaluating the effectiveness of existing technological and non-
technological measures used for detection and prevention of cyber
child pornography.
7. Recommending additional measures and amendments to address the
gaps in the current legislation for preventing and controlling cyber
child pornography.
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8. Suggesting strategies to raise awareness among children, parents, and


educators about the risks of cyber child pornography and preventive
measures.
9. Identifying the roles and responsibilities of key stakeholders, including
government agencies, law enforcement, internet service providers, and
social media platforms, in preventing and controlling cyber child
pornography.
10. Providing policy recommendations for enhancing collaboration among
stakeholders and improving the overall response to cyber child
pornography cases.

HYPOTHESES OF THE STUDY

The study on cyber child pornography prevention and control under the IT Act
2000 aims to explore various hypotheses to better understand and address this
critical issue.

 Increased awareness and education programs on cyber child


pornography will lead to a decrease in its occurrence.

Thus hypotheses serve as starting points for research and will require further
investigation and analysis to determine their validity.

REVIEW OF LITERATURE

The review of literature on the study of cyber child pornography prevention


and control under the IT Act 2000 provides a comprehensive overview of
existing research and scholarly articles in this field. Here are some key points
that the literature review may cover:

1. Historical context: The review may begin by providing a background


on the emergence of cyber child pornography and its evolution over
time, highlighting the need for legislative measures such as the IT Act
2000.
2. Legal framework: It will discuss the provisions and implications of the
IT Act 2000, exploring how it addresses cyber child pornography and
the associated penalties for offenders.
3. Global perspectives: The review may examine international efforts to
combat cyber child pornography, analyzing different legal frameworks
and initiatives implemented by various countries.
4. Prevention strategies: It will explore different prevention strategies
employed by governments, non-profit organizations, and technology
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companies, such as awareness campaigns, educational programs, and


content moderation policies.
5. Technological advancements: The literature review may highlight the
role of advanced technologies, such as artificial intelligence and
machine learning, in detecting and preventing cyber child
pornography.
6. Challenges and gaps: It will identify the challenges faced in
implementing effective prevention and control measures, such as
jurisdictional issues, encryption, and the need for international
cooperation. Additionally, any gaps in existing research or areas
requiring further investigation will be highlighted.

By reviewing the existing literature, researchers can gain valuable insights into
the current state of cyber child pornography prevention and control, identify
gaps in knowledge, and build upon previous research to contribute to this
important field.

RESEARCH METHODOLOGY

The research methodology for the study on “Child Pornography in the Digital
Era & Law in India” involves a comprehensive approach to gather and analyze
relevant information. The study will employ a combination of qualitative and
quantitative research methods. Qualitative methods such as literature reviews,
case studies, and legal analysis will be used to examine existing laws,
regulations, and judicial responses. Quantitative methods will include the
collection and analysis of statistical data on child pornography cases, law
enforcement efforts, and the effectiveness of prevention and intervention
programs.

SCOPE AND LIMITATION OF THE STUDY

The scope of the study on cyber child pornography prevention and control
under the IT Act 2000 encompasses various aspects related to the topic. Here
are some potential areas of scope:

1. Legal framework: The study can explore the provisions of the IT Act
2000 and its effectiveness in addressing cyber child pornography. It
can analyze the specific sections and penalties related to this offense.
2. Prevention strategies: The scope can include an examination of
different prevention strategies employed by various stakeholders, such
as government agencies, non-profit organizations, and technology
companies. This can involve assessing awareness campaigns,
educational programs, and content moderation policies.
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3. Technological advancements: The study can focus on the role of


advanced technologies, such as artificial intelligence and machine
learning, in detecting and preventing cyber child pornography. It can
explore the effectiveness of automated tools and algorithms in
identifying and removing such content.
4. International perspectives: The scope can extend to analyzing global
efforts and best practices in cyber child pornography prevention and
control. Comparative studies can be conducted to understand how
different countries address this issue.

However, it is important to note the limitations of the study as well. Here are
some potential limitations:

1. Legal complexities: The study may face limitations in fully


understanding and interpreting the legal intricacies of the IT Act 2000
and its implementation. Legal expertise and access to relevant
resources may be necessary to overcome this limitation.
2. Data availability: The availability of data related to cyber child
pornography cases and prevention efforts may be limited. Researchers
may face challenges in accessing accurate and comprehensive data,
which could affect the depth of analysis.
3. Ethical considerations: The study may encounter ethical limitations,
particularly when dealing with sensitive and explicit content.
Researchers must navigate the ethical implications of working with
such data and ensure the privacy and dignity of victims.
4. Changing landscape: The field of cyber child pornography prevention
and control is rapidly evolving, driven by technological advancements
and emerging trends. The study's findings may be time-sensitive and
may not capture the most up-to-date practices and challenges.

By acknowledging and addressing these limitations, researchers can provide a


more accurate and nuanced understanding of cyber child pornography
prevention and control under the IT Act 2000 within the given scope.

SCHEME OF STUDY/CHAPTERISATION & ITS PRESENTATION

1) Introduction
2) Indian legislature on prevention of Child Pornography
3) International approach to prevent Child Pornography
4) Judicial response to Child Pornography
5) Conclusion & Suggestion
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BIBLIOGRAPHY

 Cyber Law & Cyber Crimes, Information Technology Act, 2000 with
IT Rules, 2011 –Author, Adv. Prashant Mali
 Information Technology Law (Cyber Laws) – Author, Dr S.R.Myneni
 Cyber Law In India – Author, Dr Farooq Ahmad
 Law on Information Technology – Author, Dr. Ishita Chatterjee

Website Links

 https://lawcirca.com/critical-analysis-of-the-legal-framework-on-
cyber-child-sexual-abuse-material-in-the-indian-context/
 https://www.legalserviceindia.com/legal/article-914-pornography-as-
cyber-crime.html
 https://legalvidhiya.com/child-pornography-in-the-digital-era-law-in-
india

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