Child pornography

INTRODUCTION
Child pornography is publishing and transmitting obscene material of children in electronic form. In simple sense it refers to images or films (also known as child abuse images) and, in some cases, writings depicting sexually explicit activities involving a child; as such, child pornography is a record of child sexual abuse. In recent years child pornography has increased due to the easy access of the internet, & easily available videos on the internet. Child pornography is the wicked crime which occurs and has led to various other crimes such as sex tourism, sexual abuse of the child, etc.

Both distribution and possession are now criminal offenses in almost all Western countries. A wide movement is working to globalize the criminalization of child pornography, including major international organisations such as the United Nations and the European Commission. Laws against child pornography provide severe penalties for producers and distributors in almost all Western societies, usually including imprisonment, with shorter duration of sentences for non-commercial distribution depending on the extent and content of the material distributed. Guilty verdict for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders.

Interpol has cited Germany as one of the major producers of child pornography, with the Netherlands and the United Kingdom as the major distribution centres. United States is one of the largest markets of demand for child pornography, though more interest has shifted to South East Asia in recent years.

The development of child pornography is fuelled by mainly two factors, the inception and availability of home movies, videos, digital cameras, computers and software, which made the making of child pornography relatively cheap and secondly, the development of Internet technology, which has increased ease of production and distribution of this material to amazing heights.

Ninety-four of 187 Interpol member states had laws specifically addressing child pornography as of 2008, though this does not include nations that ban all pornography. Of those 94 countries, 58 criminalized possession of child pornography regardless of intent to distribute.

There is constant debate as to how the child pornography industry can be stopped. One of the major aspects of the debate is answering seemingly simple question: how does one define the age of a minor? This is because; different countries set different age for “hardcore” pornography and “soft-core” pornography.

CHILD PORNOGRAPHY NATIONAL LAWS OF SOME COUNTRIES

Australia - The maximum penalty is 10 years jail and/or a $120,000 fine.

Canada - Canadian law forbids the production, distribution, and possession of child pornography. Prohibitions cover visual representations of sexual activity by persons (real or imaginary) under the age of 18, depiction of their sexual organ/anal region for a sexual purpose, or any written material or visual representation that advocates child pornography offenses against a person under 18.

Japan - Child pornography is illegal in Japan since the establishment of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children in 1999. Providing child pornography to unspecified persons shall be punished up to 5 years of imprisonment with work and/or 5 million yen of fine.

Malaysia - Malaysia does not have specific legislation about child pornography. However, the offense of rape and other forms of child sex abuse are punishable under Section 376 and Section 376B of the Penal Code, as well as the Child Act 2001. The age of consent for sexual activity in Malaysia is 16 years and above for both males and females.

Sweden - Presumed illegal prior to 1971. Legal from 1971-1980. Now still illegal. The National Library of Sweden experienced a dispute regarding the alleged collection due to their legal obligation to archive all material printed on Swedish soil.

United Kingdom - In the United Kingdom, it is illegal to take, make, distribute, show or possess an indecent image of a child. In the context of digital media, saving an indecent image to a computer’s hard drive is considered to be “making” the image, as it causes a copy to exist which did not exist before. Indecency is to be interpreted by a jury, who should apply the recognised standards of propriety. A child is a person who has not reached the age of 18.

United States - In the United States, child pornography is illegal under federal law and in all states. Although child pornography may also be obscene, a legal term that refers to offensive or violent forms of pornography that have been declared by decisions by the US Supreme Court to be outside the protection of the First Amendment regarding free speech, it is defined differently from obscenity. Federal Sentencing Guidelines regarding child pornography differentiate between production, distribution and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 12.

CHILD PORNOGRAPHY IN INDIA

Child pornography is a crime in India. Information Technology Act, 2000 & Indian Penal Code, 1860 provides protection from child pornography. Child is the person who is below the age of 18 years.

In February 2009, the Parliament of India passed the Information Technology Bill which made creation and transmission of child pornography illegal. The newly passed Information Technology Bill is set to make it illegal to not only create and transmit child pornography in any electronic form, but even to browse it. The punishment for a first offence of publishing, creating, exchanging, downloading or browsing any electronic depiction of children in “obscene or indecent or sexually explicit manner” can attract five years in jail and a fine of Rs 10 lakh.

Section 67 of the existing act deals with “publishing obscene information in electronic form”. It is a generally worded section that does not specifically define “pornography” or make it an offence, and does not mention “child pornography” at all. But in its amended avatar, Section 67B proposes specifically to punish involvement in sexually explicit online or electronic content that depicts children. It will also be an offence to “cultivate, entice or induce children to online relationship with other children for a sexual act.”

Punishment for first conviction with imprisonment which may extend to 3 years & fine which may extend to 5 lakhs rupees. And for subsequent offence imprisonment which may extend to 5 years & fine which may extend to 10 lakhs rupees. Section 292 of the Indian Penal Code, 1860 does not per se deal with obscenity online.