Legal Implications of Child Sexual Abuse Materials: Combating Online Exploitation

  • Shakhi Jivesh and Priyanshi Gupta
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  • Shakhi Jivesh

    Student at Unitedworld School of Law, Karnavati University, India

  • Priyanshi Gupta

    Assistant Professor at Karnavati University, Unitedworld School of Law, India

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Abstract

A major worldwide issue that demands immediate legal and regulatory solutions is the spread of child sexual abuse material (CSAM) in the digital age. This research paper analyses the complex legal ramifications of CSAM and assesses Indian and international policies intended to limit its manufacture, distribution, and use. Digital technology has improved worldwide communication, but it has also made CSAM more widespread and persistent. It is frequently disseminated through dark web networks and encrypted platforms, which makes discovery and punishment more difficult. The study emphasises that because CSAM is permanent and contagious, victims experience chronic trauma, which emphasises the necessity of thorough victim-centered legal procedures. The research paper examines the ways in which significant international agreements, including the UN CRC, its Optional Protocols, and the Budapest and Lanzarote Conventions, impact domestic legislation. It evaluates the Information Technology Act, the Protection of Children from Sexual Offences (POCSO) Act, and other legal initiatives critically in the Indian context. It also examines significant court rulings that have influenced CSAM jurisprudence, exposing contradictions and holes that impede efficient enforcement. The paper addresses important legal issues using doctrinal and comparative approaches, such as jurisdictional restrictions, the dynamic nature of synthetic CSAM, and the fine line between child protection and privacy. Additionally, it examines international best practices, the function of structures for international collaboration such as WePROTECT and INTERPOL, and the significance of digital platforms in proactive CSAM detection. In order to guarantee a safer online environment for children, this study ultimately promotes improved legal harmonization, technology cooperation, and survivor-oriented strategies. By suggesting changes to legislation and enforcement tactics, the paper adds to the conversation and brings legal solutions into line with the ever-changing concerns posed by online child exploitation.

Keywords

  • Child Sexual Abuse Material
  • Online Exploitation
  • Cybercrime
  • Protection of Children from Sexual Offences (POCSO)
  • Victim Protection

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3048 - 3070

DOI: https://doij.org/10.10000/IJLMH.119409

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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