Don't Use Term 'Child Pornography', Instead Use 'Child Sexual Exploitative & Abuse Material' : Supreme Court To Courts

The Supreme Court has suggested to the Parliament to amend the Protection of Children from Sexual Offences Act (POCSO Act) to replace the term 'Child Pornography' with 'Child Sexual Exploitative and Abuse Material' (CSEAM). The Court also asked the Union Government to issue an ordinance in the meantime to effect such an amendment. 

The bench of CJI DY Chandrachud and Justice JB Pardiwala in its decision on the offence of storing child pornographic material also directed all Courts to abstain from using the term 'Child Pornography' in their judgments and instead resort to CSEAM. 

"The Parliament should seriously consider to bring about an amendment to the POCSO for the purpose of substituting the term “child pornography” with “child sexual exploitative and abuse material” (CSEAM) with a view to reflect more accurately on the reality of such offences. The Union of India, in the meantime may consider to bring about the suggested amendment to the POCSO by way of an ordinance."

"We put the courts to notice that the term “child pornography” shall not be used in any judicial order or judgment, and instead the term “child sexual exploitative and abuse material” (CSEAM) should be endorsed"

The Court emphasized that the use of the term  "child pornography" belittles the criminal act and the trauma faced by the victim. Since the concept of 'pornography' suggests voluntary sexual act between two adults, using this term for a grave offence against children would not be appropriate. 

"One must also be mindful of the fact that the term "child pornography" is a misnomer that fails to capture the full extent of the crime. It is important to recognize that each case of what is traditionally termed "child pornography" involves the actual abuse of a child. The use of the term "child pornography" can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It undermines the victimization because the term suggests a correlation to pornography — conduct that may be legal, whose subject is voluntarily participating in, and whose subject is capable of consenting to the conduct." 

The bench explained that the term "child sexual exploitative and abuse material" or “CSEAM” was more accurate to represent the exploitation and heinousness of the act committed upon children. 

"The term "child sexual exploitative and abuse material" or “CSEAM” more accurately reflects the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction. 

The term "child sexual exploitative and abuse material" (CSEAM) rightly places the emphasis on the exploitation and abuse of the child, highlighting the criminal nature of the act and the need for a serious and robust response. We are conscious that in the preceding parts of this judgment, we have used the term “child pornography”, however the same has been done only for the purposes of giving a better understanding of the nuances involved in the present matter. We further forbid the courts from using the term "child pornography" and instead the term "child sexual exploitative and abuse material" (CSEAM) should be used in judicial orders and judgements of all courts across the country. 

Appearances: Senior Advocate HS Phoolka (for petitioner), Senior Advocate Swarupama Chaturvedi (for NCPCR, intervenor supporting petitioner), Prashant S. Kenjale (for accused), D Kumanam (for the State of TN, supporting petitioner)

Other reports about the judgment can be read here.

Case Details : JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No.- 8562 - 2024

Citation : 2024 LiveLaw (SC) 728

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