Not “child pornography” but “material for the sexual exploitation and abuse of children”, says the Supreme Court

The Supreme Court on Monday ruled in a landmark judgement that the term “child pornography” should not be used and instead “child sexual abuse and abuse material” should be used to define such cases. The top court directed all courts not to use the term “child pornography” while dealing with such cases and instead use child sexual abuse and abuse material.

The Supreme Court today ruled that storing and viewing pornographic content featuring children is an offence under the POCSO (Protection of Children from Sexual Offences) and Information Technology (IT) Acts.

The Supreme Court has also suggested Parliament to propose an amendment to the POCSO Act to define ‘child pornography’ as ‘material having a sexually abusive or exploitative influence on children’.

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The court said Parliament should seriously consider amending the POCSO to replace the term “child pornography” with “child sexual exploitation and abuse material” (CSEAM) to more accurately reflect the reality of such crimes.

“The Union of India may, in the meantime, consider implementing the proposed amendment to the POCSO by ordinance… We advise the courts that the term 'child pornography' should not be used in any judicial order or judgment and the term 'child sexual exploitation and abuse material' (CSEAM) should be used instead,” the judgment said.

Today's landmark judgment overturned the Madras High Court's decision to quash criminal proceedings against a 28-year-old man accused of downloading and viewing pornographic material featuring children on his mobile phone. The Supreme Court today resumed criminal proceedings against the accused.

CJI DY Chandrachud, sitting in the same bench, said it was a landmark judgment and the first case in the world where the judiciary had dealt with the law on sexual exploitation and sexual abuse of children in such detail.