A STUDY ON IMPACT OF CHILD PORNOGRAPHY IN THE SOCIETY
AUTHOR:
Lakshmi Narasimhan . S
B.Com,LL.B .,(Hons)
Saveetha School of Law
Saveetha Institute of Medical and Technical Sciences Chennai – 600077
Abstract:
The child pornography means showing the children in an sexually explicit manner and the child pornography is an offence in India and in many other countries. The purpose of the research is to know about child pornography and its impacts,factors and exisiting laws to against child pornography. The researcher mentions about the present status of the child pornography and the researcher also wanted to explore about mentality of the victims after the incident of the child pornography The researcher also describes about the effects of child pornography and the researcher also intends to say about the use of the internet as a barrier for the child pornographer to escape The researcher also wanted to know about the current trends in the child pornography and the status of child pornography after the covid pandemic also. The researcher also wanted to know about the intention of the child pornographer in committing the offenceand the researcher also mentions about the measures that an victim could take after getting affected due to the child pornography.The researcher has used empirical method.The researcher has used a convenient sampling method and the bar graphs and pie charts are used by the researcher for the SPSS. The primary and secondary sources were collected through questionnaire , magazine, journal, books and articles.The researcher has taken around 200 samples by the way of the survey .so nowadays it is difficult to find the child pornographers and the rehabilitation for the victims of child pornographaphy should be increased.
Keywords:child pornography, children, sexually explicit, internet, victims.
INTRODUCTION
Child pornography is pornography that exploits or abuses the children in sexual manner. It’s against the law in numerous countries.Child pornography is made by taking videos or further infrequently sound recordings, of children who are wearing lower apparel than usual, wearing no apparel, or being ravished. It can also be made using photos of children. Child pornography is occasionally called” child sexual abuse images” because it’s images of a child who’s being sexuallyabused.Child pornography can be made by setting up a camera or other recording device and molesting a child. The Government of India has initiated a number of major steps to help stop online sexual abuse and exploitation of children.Information Technology Act( IT Act) 2000 with its last amendment in 2008, provides a comprehensive frame for Cyber Crimes and Discipline including for online abuse, sexual materials and child pornography and Government periodically blocks the websites grounded on the Worst of list handed by CBI , which acts as a Agency of interpol .The present laws in India to stop the child pornography are Section 14 of Pocso Act 2012 says about Punishment for using child for pornographic purposes, Section 15 says about Punishment for storage of child pornographic material and sec 67 B of the IT Act says about Punishment for child pornographaphy and The major factors for the child pornography to be increased is the internet which helps the child pornography offenders to exploit the children through online and the tor browsers etc and the offenders majorly use this child pornography content to sexually exploit the children ,to blackmail the victim and to make revenue out of selling those contents.The current trend is that the COVID 19 has brought with it not just physical harm but also an increase in the child pornography assiduity in India. According to a recent report there has been an increase of over to 200 percent in the demand for violent child pornography material on the internet. This figure is both intimidating and disappointing. In USA they enacted the child pornography prevention Act to stop the use and the transmission of the child pornography content.In Japan after the 2008 they announced that having the child pornography content is an offence.In Pakistan there is no legislation for the child pornography but they have imposed an general ban in the child pornography.Aim:To study about the impact of child pornography in the society.
OBJECTIVES
REVIEW OF LITERATURE
The Author says about the characteristics of Internet child pornography offenders and to compare the Internet sex offenders with child molesters and the author has visited nearly 210 offenders in which nearly 90 of them were Internet sex offenders and 120 of them were the child molesters and the author has found that the Internet offenders has faced more psychological difficulties in adulthood.(Webb, Craissati, and Keen 2007) The author mentions about the characteristics and treatment of Internet child pornography offenders and the observation of the author is that there is an increase in online offences than the hands on offences against the children and also investigates about the differences among individuals who have committed childpornography offences and those who have committed contact offences against children andthose who committed both and in the result the author has found that the Internet child pornography offenders tend to score different from contact offenders on various psychological measures and they need different treatment.(Ly, Dwyer, and Fedoroff 2018) The author examines about the child pornography and the role of the internet in the child pornography and the author has interviewed Thirteen men who have been convicted for downloading the child pornography content and author states that the Internet has an crucial role in creating the sexual arousal which creates the increase in the child pornography and Internet also makes the offenders to search for new images of the children to continue the sexual abuse and the Internet is one of the factor for creating more child pornography victims.(Quayle and Taylor 2002)The author mentions about the literature on the online child pornography and the author also enumerates about the characteristics of the child pornography offenders and the author found that the child pornography offenders has high levels of sexual pre occupation,deviant sexual interest,and deficits in interpersonal and affective domains that surpass those of the contact offenders and the author also indicates that there is an lack of tools to resolve the offenders of child pornography. (Henshaw, Ogloff, and Clough 2017)The author describes about how the child pornography offending is converting to child sexual abuse and the author has made the observations on the demographics,socio affective difficulties ,cognitive distortion’s and psychosexual issues of the child pornographers and the author also examined about the individual characteristics ,factors related to engagement with the Internet,and the offline environment regarding the child pornography offenders.(Houtepen et al. 2014)The author says about the child pornography as an indicator of pedophilia the author has taken response from 685 male patients for a sexological assessment of their sexual interest and behaviour and this resulted in the child pornography offenders has showed greater sexual arousal to the children (Seto, Cantor, and Blanchard 2006).The author says about the trends in child pornography and The author observed about the offenders who were arrested in 2000 and 2006 for having the possession of child pornography and the author has found that the many offenders characteristics and their offence are stable and few of the offenders who were arrested is known to have done sex crimes prior to the arrest and most of the offenders are between the age of 18 to 25 (Wolak, Finkelhor, and Mitchell 2011)The author says about the criminal histories and later offending of the child pornography and the author has identified nearly 201 adult samples of offenders of child pornography using the police databases and the author examined about their charges and the author has found that nearly every offender has an prior criminal record and suggested that those person who have prior criminal record will commit an offence again (Seto and Eke 2005)The author examines about the explanations given by child pornography offenders for their crimes and the author has explored the child pornography offenders in two ways one the investigation of the police officer and the another way was to visit the clinics were the clinics assessed the child pornography convictions and later the author has found many similarities between them and the author finally says that the offenders reported Internet addiction ,child pornography as a substitute for contact offending or indiscriminate sexual interest(Seto, Reeves, and Jung 2010)The author mentions about the child pornography and the Internet and also about the policing and treatment issues the author mentions that the increase in the number of referrals for individuals who have accessed child pornography over the Internet has led to a need for clinicians to familiarise themselves with the language and concepts associated with this type of sexual offence.(Burke et al. 2002)The author describes about the child pornography in peer to peer networks and the author has found that there is a large amount of peer to peer traffic is dedicated to child pornography but the supply and demand must be seperated for a better understanding and the author also says that to understand the behaviour of child pornographers and how they search for content when contrasted with those sharing content provides a basis for finding and combating that behaviour.(Steel 2009)The author mentions about the legal definitions of child pornography and the author also says about the challenges faced during drafting an legal instrument for preventing the child pornography and the author also says that Child pornography is a difficult topic to define, and there will always be a contradiction between the desire to criminalise exploitative content and personal liberties like expression and free speech.(Gillespie 2010) The author examines about the complex experience of child pornography survivors and the author observed about the child pornography adult survivors and the author also states that the respondents has said that the creation of sexual images posed unique challenges that were distinct from those posed by other components of the abuse. (Gewirtz-Meydan et al. 2018) The author says about the Child Pornography and Law Enforcement Dilemmas in Investigations of Internet Child Pornography Possession and also the author mentions about the Legal Issues in Internet Child Pornography Possession Investigations and the author also called surveys through telephone interviews with the law enforcement investigators and found that the age and priority of the victim makes it difficult to arrest the offenders since they would suffer a lot (Wells et al. 2007)The author explains about the incidence of hands on child victimisation by the child pornography offenders and the author focused on two groups of child pornographers voluntarily enrolled in a treatment programme and the author states that Internet offenders was much more likely than the general population to have physically assaulted a child. They also suggest that criminals who assaulted children were likely to have victimised several children, and that “crossover” by gender and age is common..(Bourke and Hernandez 2009)The author compares between the contact and non contact child pornography offenders and the authorinvestigated nearly 110 male adult child pornography offenders and the author found that Offenders who engage in child pornography are a diverse bunch. Furthermore, dispositional characteristics such as substance misuse, antisocial orientation, and deviant sexual desire, as well as situational factors such as internet sexual activity, discriminated against child pornographers who sexually harmed youngsters.(McCarthy 2010) The author has stated that the child pornography has enraged both the public and the parents also and the author observed that nearly 1.2 million child got abused due to the child pornographers and the author mentions that Today most of the countries have the laws against the child pornography which was an good thing.(Mccabe 2000) The author describes about the past criminal records of child pornography and also about the future offending of the child pornographers and the author examined 201 samples from the police records and the author finds that nearly the access of Internet was very helpful for the offenders to commit the offence. (Eke, Seto, and Williams 2011) The author has mentioned about the internet subcultures and pathways to the use of child pornography and the author has focused on the frequent users of child pornography and and the author states that the advancement of the technology promotes the child pornography (Prichard, Watters, and Spiranovic 2011) The author examined about the three dimensions of the child pornography and mentioned that the internet has opened up open doors for non-contact sex offenders to make and edit the child porn and the author also states that the child pornography and the internet are internet are interrelated and increase in one thing access will increase the other thing.(Merdian et al. 2013)
METHODOLOGY
The researcher used empirical method.The researcher has used a convenient sampling method and the bar graphs and pie charts are used by the researcher for the SPSS. The primary and secondary sources were collected through questionnaire , magazine, journal, books and articles.The researcher has taken around 200 samples by the way of the survey .
ANALYSIS AND DISCUSSION
FIG 1
Legend: The Fig 1 shows about the age of the respondents.
FIG 2
Legend: The Fig 2 shows about the educational qualification of the respondents.
FIG 3
Legend: The Fig 3 shows about the Income of the respondents.
FIG 4
Legend: The Fig 4 shows about the gender of the respondents
FIG 5
Legend:The Fig 5 shows about the marital status of the respondents.
FIG 6
Legend:The Fig 6 shows about the response for rate your agreeability towards the statement on a scale of 1-10 for the existing laws in India to control the child pornography.
FIG 7
Legend:The Fig 7 shows about the response for rate your agreeability towards the statement on a scale of 1-10 for the advancement of technology is promoting the increase of child pornography.
FIG 8
Legend:The Fig 8 shows about the response for rate your agreeability towards the statement on a scale of 1-10 for the existing laws in India to control the child pornography
FIG 9
Legend:The Fig 9 shows about the response for rate your agreeability towards the statement on a scale of 1-10 for the existing laws in India to control the child pornography
FIG 10
Legend: The Fig 10 shows about the responses for What among the following could be taken as prevention measure that could be taken to stop the child pornography
FIG 11
Legend: The Fig 11 shows about the responses for What among the following could be taken as prevention measure that could be taken to stop the child pornography
FIG 12
Legend: The Fig 12 shows about the responses for What is the major impact of child pornography?
FIG 13
Legend: The Fig 13 shows about the responses for What is the major impact of child pornography?
FIG 14
Legend: The Fig 14 shows about the responses for Do you agree that the child pornography increased after the post covid pandemic?
FIG 15
Legend: The Fig 15 shows about the responses for Do you agree that the child pornography increased after the post covid pandemic?
RESULT
Fig 6 : The respondents who belong to the age group of 31-40 and has an income of less than 15000 has given a response of 5.83% and The respondents who belong to the age group of above 50 and has an income of 45001-60000 has given a response of 9.40% .Fig 7: The respondents who are married and earning an income of 15001-30000 has given an response of 9.80% and the respondents who are earning less than 15000 and who are married has given an response of 7.08% Fig 8:The respondents who are of the age of above 50 and are doctorate has given the maximum response of 9.46% and the respondents who are post graduate and who are of the age of 18-20 has given the least response of 2.84% Fig 9: The respondent who is female and earning 15001 to 30000 has given the maximum response of 18.30% and the respondent who are female and earning upto above 60000 has given 4.99% of the response.Fig 10:The respondents who are illiterate has given maximum response for increase in the pocso courts and the least response is given by illiterate person for spreading awareness and the respondents who are graduate has given maximum response for other measures.Fig 11:The respondents who are earning less than 15000 rupees has given the maximum response for increase in pocso cases and the respondents who are earning an income between 15001-30000 has given the maximum response for other measures.Fig 12: The respondents who are earning below 15000 and graduate has given the response for affects the mental health of the person and the respondents Fig 13: The male respondents has given the maximum response for effects on mental health and the female respondents has given the minimum responses for increase in unsafe sexual practice.Fig 14: The male and female respondents has maximum given for strongly agree and the male respondents who are illiterate has just given agree as the response Fig 15: The respondents who are above 50 age and earning less than 15000 has an neutral opinion and the rest of the respondents has responded as strongly agree.
DISCUSSION
Fig 6 : The respondents who belong to the age group of above 50 and has an income of 45001-60000 has given the maximum response for the present laws are enough to control the child pornography in India because the respondents feel that the government has made the utmost measures to control the child pornography.Fig 7: The respondents has given the maximum response for the advancement of technology is increasing the offense of the child pornography because the respondents feel that if there is an development then there will be definitely an disadvantage and in advancement of technology one of the disadvantage is the child pornography.Fig 8: The most of the respondents has an neutral opinion about the existing laws to control the child pornography and the respondents has an opinion that of the existing laws are implemented in an effective manner then the child pornography can be reduced. Fig 9: The major response is given for the existing laws are enough to control the child pornography but both the male and female respondents has given similar reply.Fig 10: the respondents has an opinion that instead of spreading the awareness the increase in number of pocso courts will helps in reducing the child pornographaphy and gives remedy to the victims in a faster way.Fig 11:The respondents prescribe the other measures also will be helpful in controlling the child pornography and helps to rehabilitation of the victims who are affected by child pornography.Fig 12:The respondents feels that the major effect of the child pornographaphy is the effect on mental health which makes the offenders to repeat the offence and get addicted to it.Fig 13:The respondents has given maximum responses for the effects on mental health and this is because some of the offenders are getting addicted due to mental effects and it provokes them to become an habitual offender.Fig 14: The majority of the respondents has given strongly agree due to the accessibility of the internet and being in pandemic provokes them to watch and share the child pornographaphy content Fig 15: The majority of the respondents has responded as strongly agree because during covid pandemic many of them got addicted to the mobile phones and this was one of the reason for the increase of child pornographaphy and it was also due to provocative advertisements etc and this served to increase the child pornographaphy during the covid pandemic.
LIMITATION
The major limitation is that the reformative measures for the victims of child pornography is not analysed and the case laws for the child pornography is not referred by the researcher and the researcher didn’t get the response from the victims of child pornography.
SUGGESTIONS
The child pornographaphy is fully prohibited in several countries but it is still accessed through dark web so the child pornographaphy contents in the dark web should be made as inaccessible and several people are accessing the child pornographaphy content through VPNs so it should also be monitored and restrict the users from using the child pornographaphy content and there should be rehabilitation programmes for the victims of child pornographaphy.
CONCLUSION
Child pornography is pornography that exploits children. It’s against the law in numerous countries.Child pornography is made by taking videos or further infrequently sound recordings, of children who are wearing lower clothes than usual, wearing no clothes, or being sexually abused and the major objective is to know about the impact of child pornography and the child pornography in the present time is increasing rapidly and the child pornographers are escaping easily by using internet as an barrier and nowadays it is difficult for finding the offender and in the future the rate of child pornography may increase and preventive measures should be increased and the rehabilitation measures for the victims should be given and the victims should be given the proper remedy and the availability of internet is the main reason for the increase of the offence of the child pornography.
REFERENCE
PLAGIARISM REPORT
