Global Developments
The UK’s International AI Safety Report 2025 highlights the growing risk of AI-generated child sexual abuse material (CSAM).
The UK is introducing legislation making it illegal to possess, create, or distribute AI tools that generate CSAM, shifting from a focus on perpetrators to the tools used.
This new approach allows authorities to intervene at the preparation stage, reducing the spread and mental health impact on children.
The Indian Scenario
Cybercrimes against children, including CSAM, have surged in India, with nearly 1.94 lakh incidents reported as of April 2024.
The National Cyber Crime Reporting Portal (NCRP), under the Cyber Crime Prevention against Women and Children (CCPWC) scheme, has recorded significant CSAM cases.
The National Centre for Missing and Exploited Children (NCMEC), USA collaborates with India to share cyber tip-line reports, enhancing CSAM detection and tracking.
Existing laws like Section 67B of the IT Act (2000) and POCSO Act (2012) target CSAM but lack provisions for AI-generated content.
Sections 13, 14, and 15 of the POCSO Act criminalize using children for pornographic purposes, storing child pornography, and using children for sexual gratification, respectively.
Proposed Legislative Changes in India
Update Definitions: Replace "child pornography" with "CSAM" under POCSO Act for broader coverage.
Clarify Terms: Define “sexually explicit” under Section 67B of the IT Act to aid real-time CSAM detection.
Expand Intermediary Scope: Include VPNs, VPSs, and cloud services under the IT Act to hold them accountable.
Adapt to Technology: Amend laws to address emerging AI risks, including AI-generated CSAM.
The Way Forward
India should align with global standards by adopting the UN Draft Convention on combating ICT-related crimes.
The proposed Digital India Act (2023) should incorporate AI-specific CSAM provisions, inspired by the UK’s upcoming legislation.
These changes are vital to protect children’s rights and ensure legal preparedness for future challenges.
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