#FactCheck- Viral Image of Rescued U.S. Airman in Iran is AI-Generated

Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction 

India has always been celebrated as the land of abundance, once known as the ‘golden bird’ that attracted the world with its prosperity and wisdom. In the current century, as the world moves deeper into the age where every nation is redefining its strength through advancements in every sector, including technology, India is preparing for a powerful transformation. “Viksit Bharat 2047” is an initiative aimed at achieving  India's aspiration of becoming a developed nation by its centennial year of independence. India’s growth story is shifting as it takes a step towards development in every field and advances progress both in terms of generating economic growth and breakthroughs in technologies across industries. 

Today, when technology touches every aspect of our lives, ‘Cyber Security’ becomes a key area that will significantly drive progress and hold strong importance under the Viksit Bharat vision, especially with the rise of emerging technologies such as AI, quantum computing, cryptography, 5G & 6G, robotics and automation, Internet of Things (IoT), augmented reality (AR) & virtual reality (VR) etc. 

Key Initiatives Taken by the Centre

Indian Cyber Crime Coordination Centre: 

The Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs (MHA) to provide a framework for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. I4C is actively working on initiatives to combat emerging threats in cyberspace, and it has become a strong pillar of India’s cybersecurity and cybercrime prevention. The ‘National Cyber Crime Reporting Portal’, equipped with a 24x7 cybercrime helpline number 1930,  is one of the key components of the I4C.

Recently under I4C, key initiatives were launched to strengthen cybersecurity. The Cyber Fraud Mitigation Centre (CFMC) has been incorporated to bring together banks, financial institutions, telecom companies, Internet Service Providers, and law enforcement agencies on a single platform to tackle online financial crimes efficiently. The Cyber Commandos Program will establish a specialised wing of trained Cyber Commandos in states, Union Territories, and Central Police Organisations to counter rising cyber threats. The Samanvay platform, a web-based Joint Cybercrime Investigation Facility System, has been introduced as a one-stop data repository for cybercrime to foster data sharing and collaboration. The Suspect Registry Portal, connected to the National Cybercrime Reporting Portal (NCRP), has been designed to track cybercriminals and strengthen fraud risk management.

India’s AI Mission:-

The Indian Cabinet has approved a comprehensive national-level IndiaAI Mission. The mission aims to strengthen the Indian AI innovation ecosystem by democratizing computing access, improving data quality, developing indigenous AI capabilities, attracting top AI talent, enabling industry collaboration, providing startup risk capital, ensuring socially impactful AI projects, and bolstering ethical AI. Through India AI Mission, the government is facilitating the development of India’s own foundational models, including Large Language Models (LLMs) and problem-specific AI solutions tailored to Indian needs.

The mission is implemented by the 'IndiaAI' Independent Business Division (IBD) under the Digital India Corporation (DIC) and consists of several components, such as IndiaAI Compute Capacity, IndiaAI Innovation Centre (IAIC), IndiaAI Datasets Platform, IndiaAI Application Development Initiative, IndiaAI Future Skills, IndiaAI Startup Financing, and Safe & Trusted AI. The main objective is to create and nurture an ecosystem for India’s AI innovation. 

Startup India:-  

With more than 1.59 lakh startups recognised by the Department for Promotion of Industry and Internal Trade (DPIIT) as of January 15, 2025, India has firmly established itself as the third-largest startup ecosystem in the world. Startup India is a flagship initiative launched by the Government of India on 16th January 2016 to build a strong ecosystem for nurturing innovation and startups in the country, which will drive economic growth and generate large-scale employment opportunities.

Key Regulations:-

‍The Centre, in order to better regulate the cyber domain, has come up with significant regulations. To protect the personal data of citizens, the Digital Personal Data Protection Act, 2023 has been enacted. The Intermediary Guidelines 2021 lay down obligations on social media platforms and intermediaries to ensure accountability and user safety. The Telecommunications Act 2023 has also been enacted. Further, the Promotion and Regulation of Online Gaming Bill 2025, passed by Parliament on 21st August 2025, aims to address related concerns. In addition, Cert-In issues guidelines & advisories from time to time, in order to strengthen cybersecurity.

CyberPeace Outlook 

CyberPeace has been at the forefront in transforming policy, technology, and ethical growth in the cyber landscape through its key initiatives. In 2023, CyberPeace hosted the Global CyberPeace Summit in collaboration with Civil 20 and G20 India, with knowledge support from the United Service Institution of India and participation from MeitY, NCIIPC, CERT-In, Zoom, Meta, InMobi, ICANN, Internet Society, MANRS, APNIC, and leading universities, which helped shape critical global conversations on trust, safety, and collaboration in cyberspace. 

Viksit Bharat 2047 is more than just a vision for economic success; it is a pledge to create a nation that is technologically secure, resilient, and globally competitive.  In this journey, cybersecurity will be at the heart of India's digital reboot, securing its innovation, empowering its citizens, and ensuring its future.

References

• https://www.cyberpeace.org/resources/blogs/i4c-foundation-day-celebration-shri-amit-shah-launches-key-initiatives-to-tackle-cybercrime
• https://www.cyberpeace.org/resources/blogs/indiaai-mission
• https://bharatarticles.com/viksit-bharat-2047-vision-challenges-and-roadmap-to-a-developed-india/
• https://www.pib.gov.in/PressReleasePage.aspx?PRID=2012355‍
• https://www.pib.gov.in/PressReleasePage.aspx?PRID=2093125

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Introduction

Mr Rajeev Chanderashekhar, MoS, Ministry of Electronics and Information Technology, on 09 March 2023, held a stakeholder consultation on the Digital India Bill. This bill will be the successor to the Information technology Act 2000 and provide a set of regulations and laws which will govern cyberspace in times to come. The consultation was held in Bangalore and was the first of many such consultations where the Digital India bill is to be discussed. These public stakeholder consultations will provide direct public feedback to the ministry, and this will help create a safe and secure ecosystem of Indian Cyber Laws.

What is the Digital India Act?

Cyberspace has evolved the fastest as compared to any other industry, and the evolution of the growth cannot be presumed to be stagnant or stuck as we see new technologies and gadgets being invented all across the globe. The ease created by using technology has changed how we live and function. However, bad actors often use these advantages or fruits of technology to wreak havoc upon the nation’s cyberspace. The use of technology is always governed by the application of usage and safeguard policies and laws. As technology is growing exponentially, it is pertinent that we have laws which are in congruence with today’s time and technology. This is keenly addressed by the Digital India Act, which will be the legislation governing Indian Cyberspace in times to come. This was the need of the hour in order to have the judiciary, legislature and law enforcement agencies ahead of the curve when it comes to cyber crimes and laws.

What is the Digital India Bill’s primary goal?

The Digital India Bill’s goal is to guarantee an institutional structure for accountability and that the internet in India is accessible, unhindered by user harm or criminal activity. The law will apply to new technologies, algorithmic social media platforms, artificial intelligence, user risks, the diversity of the internet, and the regulation of intermediaries. The diversity of the internet, user hazards, artificial intelligence, social media platforms, and intermediary regulation are all discussed.

Why is the Digital India Bill necessary?

The number of internet users in the country currently exceeds 760 million; in the upcoming years, this number will reach 1.2 billion. Despite the fact that the internet is useful and promotes connectivity, there are a number of user damages nearby. Thus, it is crucial to enact legislation to set forth new guidelines for individuals’ rights and responsibilities and mention the requirement to gather data.

Major Elements of the Digital India Act

Major Elements of the Digital India Bill, which will eventually become an Act, which will contribute massively towards a safe cyber-ecosystem, some of these elements aim towards the following-

• The legislation attempts to establish an internet regulator.
• Women and Child safety.
• Safe harbour for intermediaries.
• The right of the individual to secure his information and the requirement to utilise personal data for legal purposes provide the main obstacles to data protection or regulation. The law tries to deal with this difficulty.
• A limit will be placed on how far a person’s personal information can be accessed for legal reasons.
• The majority of the bill’s characteristics are contrasted with the EU’s General Data Protection Regulation.

The Way Ahead

As we ride the wave of developments in cyberspace regarding emerging technologies and automated gadgets, it becomes pertinent that the state takes due note of such technologies and the courts take cognisance of offences committed by using technology. Law enforcement agencies must also train police personnel who can effectively and efficiently investigate cybercrime cases. The ministry also released a few bills last year, such as – the Telecommunication Bill, 2022, Intermediary Rules and the Digital Personal Data Protection Bill, 2022, to better address the shortcomings and the issues in cyberspace and how to safeguard the netizens. The Digital India Act will essentially create a synergy between the current bills and the new ones to come in order to create a wholesome, safe and secure Indian cyber ecosystem.

Conclusion

Digital India Bill is necessary to address the challenges of cyberspace, like personal data and privacy, and policies related to online child and women safety to create a and create a modern and comprehensive legal framework that aligns with global standards of cyber laws. The draft of the bill is expected to come out by July. The ministry looks forward to maximising the impact of the bill through such continuous and effective public consultation to understand and fulfil the expectations and requirements of the Indian netizen, thus empowering him/her equivalent to the netizen of a developed country.