Supreme Court says storing or watching child pornography is a crime

SC suggested that the Parliament must bring a law to replace the term “child pornography” with “Child Sexual Exploitative and Abusive Material.”

Setting aside the order by the Madras High Court that downloading and watching child pornography is not an offense, the Supreme Court recently commented on the same, saying, “HC committed an error.” The apex court said that storing and watching child pornography is a crime and that the Parliament must also bring a law to replace the term “child pornography” with “Child Sexual Exploitative and Abusive Material.”

Supreme Court rules out the order of the High Court on child pornography.

The Supreme Court recently ruled out the order of the High Court regarding child pornography, saying that the HC made an error. On Monday, it ruled out that mere storage of such material is a crime under the Protection of Children from Sexual Offences Act (POCSO Act). Justice JB Pardiwala, according to Bar and Bench, said, “The HC committed an error in its order, and thus we set aside the HC order, and we remit the matter back to the sessions court.”

Replace the term “child pornography.”

In its verdict, the Supreme Court has suggested that Parliament should bring a law amending the POCSO Act to replace the term “child pornography” with “Child Sexual Exploitative and Abusive Material.” The court observed that the Central government can bring an ordinance until the legislation is passed and also ordered not to use the term “child pornography.”

Suggestion to amending POCSO.

Justice JB Pardiwala said, “We have suggested to the Parliament to bring an amendment to POCSO…so that the definition of child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any orders.”