Date: July 19, 2024

Karnataka High Court Ruling on Child Pornography Sparks Controversy

In a highly controversial ruling, the Karnataka High Court has declared that merely viewing child pornography does not constitute a crime under Section 67B of the Information Technology Act, 2008. This decision has ignited a heated debate regarding the legal implications of consuming such material, especially in a society increasingly concerned about child exploitation and pornography.

The case revolved around N Inayathulla, a 46-year-old resident of Bengaluru, who was accused of accessing child pornographic content after his IP address was flagged by a cyber tipline. The court concluded that the allegations against Inayathulla did not meet the criteria for prosecution under the law, as he had neither published nor transmitted the material but had only viewed it.

Justice M. Nagaprasanna, who presided over the case, highlighted that Section 67B focuses on the dissemination rather than the consumption of child pornography. He remarked, “The allegation against the petitioner is that he has watched a pornographic website. This, in the considered view of the Court, would not become publishing or transmitting of material, as is necessary under Section 67B of the IT Act.”

This ruling raises significant questions about the existing legal framework surrounding child pornography and the responsibilities of individuals who consume such content. Critics argue that this decision could set a dangerous precedent, potentially undermining efforts to combat child exploitation.

Advocates for stricter laws contend that viewing child pornography should be treated as a serious offense, asserting that it contributes to the demand for such material and indirectly supports the exploitation of vulnerable children. They argue that the consumption of child pornography perpetuates a cycle of abuse and exploitation, and thus, should be met with severe legal consequences.

The Karnataka High Court’s ruling has also sparked discussions on the need for legislative amendments to address the gaps in the current legal framework. Legal experts and child rights activists are calling for comprehensive reforms to ensure that all aspects of child pornography, including viewing, are adequately covered under the law.

In light of this ruling, it is imperative for lawmakers and stakeholders to engage in a thorough examination of the Information Technology Act and consider necessary amendments to protect children from exploitation. As society grapples with the implications of this decision, the focus must remain on safeguarding the rights and well-being of children, ensuring that those who contribute to their exploitation are held accountable.