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Digital Age Dilemmas: Addressing the Gap in Child Pornography Laws in the Digital age

Sandra Sunil

LLM Student

Gujarat National Law University, Gandhinagar

LEGAL HOUSE LAW JOURNAL -  ISSN NO. - 3048-779X

ISSUE - I Volume - III

RESEARCH PAPER

Abstract
The sexual exploitation of children has long been present in society, historically manifested through erotic literature and imagery featuring minors. However, modern technological advancements, particularly the Internet and digital devices, have redefined pornography and its distribution. These developments have unfortunately facilitated easier and cost-effective production and dissemination of Child Pornography. The Internet has emerged as a primary medium for transmitting such material, serving as both a distribution channel and a vast storage repository for such contents. There are laws including POCSO, Information Technology and the Bharatiya Nyaya Sanhita to protect children from being exploited for the use of sexual contents and pornography. But can these existing laws counter the technological advancement, easy accessibility and cross-border nature of the offence? This paper aims at looking into the effectiveness of the existing laws in countering Child pornography and whether a more specific and comprehensive law is required in this regard.
Recent Judicial Pronouncements have held that merely storing or watching Child porn is not an offence and that there has to be a sexual intent and purpose of sexual gratification involved, for a video to be termed as pornographic. This raises an important question; what exactly is an offence of Child Pornography? And where do we draw the line? This paper aims at understanding what qualifies as an offense of Child Pornography and whether it should be restricted to making and distributing of such content, or whether its scope should be wide enough to include in its ambit anyone who engage with such content in any manner. This paper examines the measures taken by Authorities and interprets judicial responses to these initiatives.
Additionally, it studies how far the present measures are effective and offers recommendations for more effective strategies to address and mitigate the issue of child pornography in the Digital Age.

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