“Digital Abuse Is Still Abuse "– Protection available under POCSO Act, 2012

                                                    @ Childline India-- Online Safety

INTRODUCTION:

Her phone kept buzzing but she was too scared to look. Nikitha, a 17-year-

old girl who broke up with her boyfriend, was horrified when she saw what

he sent. He started to threaten her, saying that he would release her

morphed photos publicly.

What Nikitha faced was just not “online bullying". It was an incident which

made her life questionable. Not being able to bear the society’s comments

which led to an attempt of suicide. It is not just about Nikitha it’s about

many girls in this generation. Its about time that we take action or to know

how to take action against these incidents. Under the POCSO Act, 2012

morphing a minor’s photos, creating sexualized images, or sharing them -

even as a joke- is a serious offence today.

 THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES

ACT, 2012 (POCSO)

POCSO Act was passed by the parliament in May 2012. 

It is an Act to protect children from offences of sexual assault,

sexual harassment, pornography. The Act provides for the establishment of

special courts for trial of such offences and for matters connected

therewith or incidental there to. The primary purpose of the

POCSO Act is to protect children (below 18 years) from all forms

of sexual offences and to ensure that when such offences occur,

the child receives sensitive, speedy and effective justice. This Act

is gender- neutral which means it ensures justice for girl , boy and

any transgender children and even protects differently abled children

(both mentally and physically). The Act provides for the

establishment of special courts for trial. It recognizes that the

intent to commit an offence, even when unsuccessful for whatever

reason, needs to be penalized. The media has been barred from

disclosing the identity of the child without the permission of the

special court.

Digital / online abuse of POCSO Act covers a wide range of offences

committed on phones , social media and internet. It includes creating, 

sharing or possessing child sexual abuse material including

morphed or edited photos , sexual messaging, cyber stalking and

using digital platforms to exploit or threaten children. The Act makes it

clear that even virtual, digitally altered or AI- generated sexual

content involving a minor is treated as a serious offence.

According to Sec -9 (a,b,c,d,e,f,) of the POCSO Act whoever the

offender is including officials in authority will be liable for their actions.

So, we shouldn’t be scared to report just because they are big shots .

Section 19 and 21 of the POCSO Act, 2012 talks about the reporting

of child abuse and the punishment for failure of reporting and abuse

against children. Not reporting child abuse is a crime under the

POCSO Act.

CONSEQUENCES:

If the child’s morphed photos are released online the consequences would

be very severe and sometimes long-lasting.

• The child may experience shock, confusion, fear of being judged

or blamed.

• She/He may face anxiety, depression and sleeplessness.                                                                             
•  She/He will lose self—confidence.                                                                                                     
•  She/He will start blaming themselves.                                                                                                
•  She/He will withdraw from their friends, family and society.                                                                    
•  The child may withdraw from school completely and they face academic downfall.                                 
• They might drop out from the school temporarily or they may change schools.                                            
•  Strangers may stalk the child and harass them online.                                                                        
•  If not supported properly, the child may develop trust issues and long-term anxiety disorders.

On the internet nothing disappears completely, even the morphed

photos may be reshared later. This makes recovery extremely

difficult.  The child may suffer from suicidal thoughts.

What should be done after the child’s morphed photos are

released.?

If the child’s photos are released, there are few immediate steps which can

be taken by their parents to ensure the child’s safety.

•  Parents should immediately file an FIR. The police will

note it down quickly as the victim is a minor.

• Report and remove the images online. You can report in:

cybercrime.gov.in. It is an official website and removes

child Sexual content very fast.

• Track down the source from where the pictures of the

child have been circulated and stop any further circulation

of it.

• The parents should first ensure the child’s safety and

reassure them.

• The main thing to do is to collect the screenshots of

offenders threatening the child and make sure they get

strict legal punishment.

• Make the child believe that you are always there to help

them out.

Preventive measures to protect children from digital abuse:

•  Elders should teach digital awareness to children. They shouldn’t

share their personal photos online. Avoid accepting unknown friend

requests.

• Children should avoid spam messages or calls as they have high

chances of hacking.

• They need to maintain proper and tight security for their mobiles.                                                     
• They shouldn’t share their personal details or photos with strangers

online.

•  Schools should include cyber safety classes to create more

awareness among children.

• Family members should often discuss such frauds so that children

will be cautious.

Even when such precautions are taken, these incidents take place. When

these incidents happen, all that a child needs is a strong supporter who

believes in them so that they can face the situation bravely. Children will be

strong when they get reassured that they haven’t done anything wrong. Our

constitution has designed a strong Act for abuse against children. So, when

such online harassment against children happens they can immediately

report it under the POCSO Act. If this kind of incident is reported the

society will come to know about it and there will be a chance of decrease in

these types of offences.

Government role:

Australia is banning social media for kids under 16 years. It gets enforced

from December 10,2025. In this, children’s and parents will not be punished

for infringing the ban, it is social media companies that is charged for

enforcing it.

India can also imply a law or rule like it and collaborate with more digital

platforms. The government should ensure that the platforms enforce a

more stricter verification process for maintaining an account; the type of

content the platform should be shared according to the age of the user. The

government can also suggest companies conduct child safety audits twice

a year.

CONCLUSION:

In today’s world of social media, online risks of POCSO ACT are more

relevant. This Act demonstrates India’s commitment to child welfare by

combining strict legal provisions and child-friendly procedures.

Nishitha. K

1/5 BA.LLB.

Pendekanti Law College