Govt is working on a Digital India Act to stop internet aided circulation of illegal, criminal and child sexual abuse material: R.Chandrasekhar
Intermediaries should not be allowed to have a different standard of compliance for different countries, says NHRC Chairperson, Mr. Justice Arun Mishra
New Delhi: The two days National Conference on Child Sexual Abuse Material, CSAM organized by the National Human Rights Commission, NHRC, India at Vigyan Bhawan, New Delhi concluded today. Delivering the valedictory address, Mr. Rajeev Chandrasekhar, Union Minister of State for Electronics & IT, Skill Development & Entrepreneurship said that the government is working on a Digital India Act incorporating new rules for stopping internet-aided circulation of illegal, criminal and Child Sexual Abuse Material (CSAM) covering online gaming also. This will make Internet Service Providers (ISPs) and other intermediaries more accountable for hosting offensive content.
He said that the existing Information Technology Act does not address the challenges of the present times. Hence, the government formed the IT Rules, 2021 and amended in 2022 to make intermediaries liable and it is also proposing to bring digital technology law. He said that the government is committed to encouraging the use of the internet by the people as a tool for their empowerment but it also wants it to be safe and trusted. He said that it is obligatory on the part of intermediaries being the service providers to remove illegal and criminal content.
Mr. Chandrasekhar said that the weight of the lobby for free expression and privacy cannot be a cow for criminality. Even if a person is anonymous, the intermediaries have to disclose the originator of such content. The internet which was seen as a tool for the empowerment of the people morphed into an ecosystem that thrives on criminality and illegality, which is an all-time high now. However, he also said that CSAM is a consequence of something happening outside the internet, which needs to be addressed under separate provisions of law.
Earlier, Mr. Justice Arun Mishra, Chairperson, NHRC in the concluding session said that an action is required to prevent and address the problem of CSAM. POCSO and IT Acts do not cover all forms of CSAM such as animated and gaming material. The non-cooperation of internet service providers and intermediaries must be tackled effectively by stringent legislative provisions, the judiciary, and other bodies.
He said that intermediaries should not be allowed to have a different standard of compliance for different countries, and it must be looked at by all stakeholders. Intermediaries cannot be allowed to perpetuate the circulation of offensive material in the garb of privacy and freedom of speech. We are failing in our duty. Every technology is for the benefit of the people; it should not be used for destructive purposes impacting our moral values, culture and philosophy. Let India in Amrit Kaal of its independence, show the light to the world in addressing CSAM.
The responsibility of the intermediaries should be fixed both in contract and in law. It is their duty to filter the content. When they transmit objectionable content worldwide it is their duty is to ensure no offence is committed using the services provided by them. When the contents are being made public, there has to be liability fastened upon them to ensure that the offences against a child and live streaming are prevented. The only method to prevent such crimes against children is that CSAM should not be streamed at all and is blocked before it is uploaded for public viewing. The law cannot give absolute freedom to such service providers to provide a platform of cyberspace services for the commission of heinous offences.
He also emphasized on the need for spreading awareness among law enforcement agencies, providing them with adequate infrastructure including digital forensic labs, finances and trained manpower, and collaborative & cooperative strategy to deal with the menace of CSAM. The helpline needs to be more effective in addition to providing adequate protection and rehabilitation and psychological help to the victim to recover from the trauma of abuse. A speedy trial of such offences is necessary.
The two days conference discussed various aspects related to the CSAM. It was inaugurated by Mr Kiren Rijiju, Union Minister of Law and Justice. The themes of the five technical sessions included ‘Understanding the Nature, Extent and Emerging Issues’, ‘Legal provisions relating to CSAM’, ‘Role of Technology and Intermediaries in Prevention’, ‘Detection and Investigation of CSAM, International Trends in fighting CSAM’ and ‘Role of Enforcement Agencies and Cyber Forensics in Detection, Investigation and Monitoring of CSAM’. These were chaired by the NHRC Chairperson, Mr. Justice Arun Mishra, NHRC Members, Dr. Dnyaneshwar M. Mulay, Mr. Rajiv Jain and UN Resident Coordinator, UN India, Mr. Shombi Sharp and Ms Sundari Nanada, Special Secretary, Internal Security, MHA. The panelists included national and international subject experts, members of civil society, advocates, and representatives from various key ministries.
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