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POCSO Amendment Bill expands child porn definition to ‘any visual depiction’ of sexually explicit content involving children

The Protection of Children from Sexual Offences (POCSO) Amendment Bill, 2019, which was passed in the Rajya Sabha on July 24, widens the definition of child pornography to go beyond videos, and include any visual depiction of sexually explicit conduct involving a child - including "photograph, video, digital or computer generated image indistinguishable from an actual child, and image created, adapted, or modified, but appear to depict a child." [Clause d(a), Section 2]. We reported earlier that even an adult actor pretending to be a child (in a sexually explicit content) would come under its ambit. So will cartoons and anime depicting child porn. Violators will be face a fine and prison term of minimum of 5 years, repeat offenders will face a fine and prison term of 7 years minimum. The amendment introduces a new section 15 and proposes the following penalties for storage and possession of pornographic material involving children: A minimum fine of Rs. 5,000 for possession of pornographic material involving a child and with intention to share the material in first time offence. For subsequent offences, the fine will be no less than Rs. 10,000. Transmission such material, except for the purpose of reporting or as evidence in the court, will be punishable with a fine, prison term of upto 3 years, or both. Commercial use of such material will be punishable with prison term of 3-5 years, or fine, or both for the first conviction. Subsequent convictions can lead to prison term of 5-7 years…

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