
NHRC Issues Advisory to CSAM on the Internet
NHRC Issues Advisory to CSAM on the Internet
The National Human Rights Commission (NHRC) has issued a comprehensive advisory aimed at protecting the rights of children by addressing the production, distribution, and consumption of Child Sexual Abuse Material (CSAM) on the internet. The NHRC has expressed growing concerns about the escalating production, distribution, and consumption of CSAM, as these activities can have a profound and lasting psychological impact on children, affecting their overall development.
Alarming Rise in CSAM
The advisory highlights a significant surge in CSAM cases on the internet worldwide, with over 1,500 instances of publishing, storing, and transmitting CSAM reported in 2021. In 2023, a staggering 450,207 cases of CSAM have been reported so far, compared to 204,056 cases in 2022 and 163,633 cases in 2021.
Key Recommendations in the Advisory
The NHRC’s advisory consists of four key components:
- Addressing Legal Gaps: The NHRC suggests changes to terminology, recommending that the term ‘child pornography’ in the Protection of Children from Sexual Offences (POCSO) Act, 2012, be replaced with ‘Child Sexual Abuse Material (CSAM).’ The term ‘sexually explicit’ in the IT Act, 2000, should be redefined to ensure timely identification and removal of online CSAM. The NHRC also calls for harmonization of laws across Indian jurisdictions for arrests and an enhancement of punishments through legislative changes.
- Detection and Investigation: The advisory proposes the establishment of Specialized State Police Units in each state to handle CSAM-related cases and a Specialized Central Police Unit at the national level. These units would focus on identifying and apprehending CSAM offenders across both the dark web and open web, and developing a comprehensive and coordinated approach for monitoring, detection, and investigation of CSAM. The NHRC also recommends creating a national database of CSAM to collect data on prevalence, trends, patterns, and socio-economic parameters.
- Utilizing Technology: The NHRC advises the use of technology, including hotspot mapping and predictive policing to identify repeat offenders. It encourages the development of technological tools to detect CSAM through hackathons and grants.
- Sensitization, Awareness, and Victim Support: The advisory emphasizes the need for training and sensitization of prosecutors, judges, police officials, and those involved in CSAM cases. It also calls for awareness and sensitization campaigns for parents and children in educational institutions and recommends the establishment of psycho-social care centers for CSAM survivors.
Regulation of Internet Intermediaries and Media Platforms
The NHRC recommends that internet intermediaries, including social media platforms, Over-The-Top (OTT) applications, and cloud service providers, develop CSAM-specific policies with in-house reporting mechanisms and technology for detecting and removing CSAM. It calls for content moderation algorithms to proactively detect CSAM and their removal from platforms. Media platforms are advised to expedite the removal of CSAM content and explore partnerships with the government for real-time sharing of information about CSAM content on the internet.
The NHRC urges relevant authorities at the Union, State, and Union Territory levels to implement the advisory’s recommendations and submit an Action Taken Report (ATR) within two months for the Commission’s review. This advisory underscores the critical importance of addressing the growing threat of CSAM to protect children’s rights and well-being.
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