Supreme Court Landmark Ruling: CSEAM is an offence under POSCO and IT Act
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/
Related Blogs
What are Wi-Fi attacks?
Wi-fi is an important area of cyber security and there is no need for physical cable for the network. Wi-Fi has access to a network signal radius everywhere. The devices and systems can have a network without physical access due to Wi-fi. But everything comes with cons and pros, and if we talk about cybersecurity, it has been established that Wi-fi networks are extremely vulnerable to security breaches and it is very easy to be hacked by hackers. Wi-Fi can be accessed by almost every device in the modern day: it can be smartphones, tablets, computers, and laptops. To know whether someone has been tampering with your personal Wi-Fi there are certain signs that can prove it. The first and most important sign is that your internet speed gets slower, as someone else is using your Wi-Fi surf.
Why would anyone hack someone’s Wi-Fi network?
Usually, hackers hack the network because they want access to the confidential data of someone and they can observe all the online activities and data that have been sent through a network. An unauthorize hacker will pretty much be able to see everything you do online. Wi-Fi allows hackers o view information on sites. Any financial information which is saved in the browser can be accessed by hackers and they can alter it and can alter the content you see online. And all the information saved in Wi-fi networks can be used by hackers for their own benefit, they can sell it, impersonate you, or even take money out of your bank through Wi-Fi.
Avoiding vulnerable Wi-Fi networks
The first and foremost rule of protection is that you should not use public networks if that network is easily open to you then that is also available to others and from others, and someone can who wishes to use your confidential and sensitive information, can access that. If you really need to access the public network in an urgent situation, then you must make sure to limit your activities while connected. And avoid accessing your online banking or pages that require login information. Also, a good measure to take as well is to always delete your cookies after using public WIFI.
How To Secure Your Home Wi-Fi Network
Your home’s wireless internet connection is your Wi-Fi network. Typically, a wireless router is used, which broadcasts a signal into the atmosphere. You can connect to the internet using that signal. However, if your network is not password-protected, any nearby device can grab the signal off the air and connect to your internet. The benefit of Wi-Fi? Wireless access to the internet is possible. The negative? Your internet activity, including your personal information, may be visible to neighboring users who connect to your unprotected network. Furthermore, if someone uses your network to conduct a crime or send out unauthorized spam, you might be held accountable.
Wi-Fi or Li-Fi? –
The common consensus is that Li-Fi technology is more secure than Wi-Fi. Li-Fi systems can be made more secure by integrating a variety of security features. Although these qualities might appear when Li-Fi is widely used in the near future, it is already thought to be safer because of a number of security features. Since the connection’s characteristics make it simpler to lock connections, limit access, and track users even in the absence of encryption and other security features, Li-Fi is seen as being safer. Li-Fi systems will be able to support new security protocols, which will not only enable high-speed networking but also open the door for innovative security techniques to strengthen connections.
Conclusion
A hacker can sniff the network packets without having to be in the same building where the network is located. As wireless networks communicate through radio waves, a hacker can easily sniff the network from a nearby location. Most attackers use network sniffing to find the SSID and hack a wireless network.
Any wireless network can theoretically be attacked in a number of different ways. Use of the default SSID or password, WPS pin authentication, insufficient access control, and leaving the access point available in open locations are all examples of potential vulnerabilities that could allow for the theft of sensitive data. Kismet’s architecture in WIDS mode may guard against DOS, MiTM, and MAC spoofing attacks. routine software updates on the other hand, the use of firewalls may help defend the network against outside intrusion. The act of finding infrastructure issues that could allow harmful code to be injected into a service, system, or organization is known as ethical hacking. They use this technique to prevent invasions by lawfully breaking into networks and looking for weak spots.
Introduction
Misinformation spreads differently with respect to different host environments, making localised cultural narratives and practices major factors in how an individual deals with it when presented in a certain place and to a certain group. In the digital age, with time-sensitive data, an overload of information creates a lot of noise which makes it harder to make informed decisions. There are also cases where customary beliefs, biases, and cultural narratives are presented in ways that are untrue. These instances often include misinformation related to health and superstitions, historical distortions, and natural disasters and myths. Such narratives, when shared on social media, can lead to widespread misconceptions and even harmful behaviours. For example, it may also include misinformation that goes against scientific consensus or misinformation that contradicts simple, objectively true facts. In such ambiguous situations, there is a higher probability of people falling back on patterns in determining what information is right or wrong. Here, cultural narratives and cognitive biases come into play.
Misinformation and Cultural Narratives
Cultural narratives include deep-seated cultural beliefs, folklore, and national myths. These narratives can also be used to manipulate public opinion as political and social groups often leverage them to proceed with their agenda. Lack of digital literacy and increasing information online along with social media platforms and their focus on generating algorithms for engagement aids this process. The consequences can even prove to be fatal.
During COVID-19, false claims targeted certain groups as being virus spreaders fueled stigmatisation and eroded trust. Similarly, vaccine misinformation, rooted in cultural fears, spurred hesitancy and outbreaks. Beyond health, manipulated narratives about parts of history are spread depending on the sentiments of the people. These instances exploit emotional and cultural sensitivities, emphasizing the urgent need for media literacy and awareness to counter their harmful effects.
CyberPeace Recommendations
As cultural narratives may lead to knowingly or unknowingly spreading misinformation on social media platforms, netizens must consider preventive measures that can help them build resilience against any biased misinformation they may encounter. The social media platforms must also develop strategies to counter such types of misinformation.
- Digital and Information Literacy: Netizens must encourage developing digital and information literacy in a time of information overload on social media platforms.
- The Role Of Media: The media outlets can play an active role, by strictly providing fact-based information and not feeding into narratives to garner eyeballs. Social media platforms also need to be careful while creating algorithms focused on consistent engagement.
- Community Fact-Checking: As localised information prevails in such cases, owing to the time-sensitive nature, immediate debunking of precarious information by authorities at the ground level is encouraged.
- Scientifically Correct Information: Starting early and addressing myths and biases through factual and scientifically correct information is also encouraged.
Conclusion
Cultural narratives are an ingrained part of society, and they might affect how misinformation spreads and what we end up believing. Acknowledging this process and taking counter measures will allow us to move further and take steps for intervention regarding tackling the spread of misinformation specifically aided by cultural narratives. Efforts to raise awareness and educate the public to seek sound information, practice verification checks, and visit official channels are of the utmost importance.
References
- https://www.icf.com/insights/cybersecurity/developing-effective-responses-to-fake-new
- https://www.dw.com/en/india-fake-news-problem-fueled-by-digital-illiteracy/a-56746776
- https://www.apa.org/topics/journalism-facts/how-why-misinformation-spreads
Introduction
Search Engine Optimisation (SEO) is a process through which one can improve website visibility on search engine platforms like Google, Microsoft Bing, etc. There is an implicit understanding that SEO suggestions or the links that are generated on top are the more popular information sources and, hence, are deemed to be more trustworthy. This trust, however, is being misused by threat actors through a process called SEO poisoning.
SEO poisoning is a method used by threat actors to attack and obtain information about the user by using manipulative methods that position their desired link, web page, etc to appear at the top of the search engine algorithm. The end goal is to lure the user into clicking and downloading their malware, presented in the garb of legitimate marketing or even as a valid result for Google search.
An active example of attempts at SEO poisoning has been discussed in a report by the Hindustan Times on 11th November, 2024. It highlights that using certain keywords could make a user more susceptible to hacking. Hackers are now targeting people who enter specific words or specific combinations in search engines. According to the report, users who looked up and clicked on links at the top related to the search query “Are Bengal cats legal in Australia?” had details regarding their personal information posted online soon after.
SEO Poisoning - Modus Operandi Of Attack
There are certain tactics that are used by the attackers on SEO poisoning, these are:
- Keyword stuffing- This method involves overloading a webpage with irrelevant words, which helps the false website appear higher in ranking.
- Typosquatting- This method involves creating domain names or links similar to the more popular and trusted websites. A lack of scrutiny before clicking would lead the user to download malware, from what they thought was a legitimate site.
- Cloaking- This method operates by showing different content to both the search engines and the user. While the search engine sees what it assumes to be a legitimate website, the user is exposed to harmful content.
- Private Link Networks- Threat actors create a group of unrelated websites in order to increase the number of referral links, which enables them to rank higher on search engine platforms.
- Article Spinning- This method involves imitating content from other pre-existing, legitimate websites, while making a few minor changes, giving the impression to search engine crawlers of it being original content.
- Sneaky Redirect- This method redirects the users to malicious websites (without their knowledge) instead of the ones the user had intended to click.
CyberPeace Recommendations
- Employee Security Awareness Training: Security awareness training can help employees familiarise themselves with tactics of SEO poisoning, encouraging them to either spot such inconsistencies early on or even alert the security team at the earliest.
- Tool usage: Companies can use Digital Risk Monitoring tools to catch instances of typosquatting. Endpoint Detection and Response (EDR) tools also help keep an eye on client history and assess user activities during security breaches to figure out the source of the affected file.
- Internal Security Measures: To refer to lists of Indicators of Compromise (IOC). IOC has URL lists that show evidence of the strange behaviour of websites, and this can be used to practice caution. Deploying Web Application Firewalls (WAFs) to mitigate and detect malicious traffic is helpful.
Conclusion
The nature of SEO poisoning is such that it inherently promotes the spread of misinformation, and facilitates cyberattacks. Misinformation regarding the legitimacy of the links and the content they display, in order to lure users into clicking on them, puts personal information under threat. As people trust their favoured search engines, and there is a lack of awareness of such tactics in use, one must exercise caution while clicking on links that seem to be popular, despite them being hosted by trusted search engines.
References
- https://www.checkpoint.com/cyber-hub/cyber-security/what-is-cyber-attack/what-is-seo-poisoning/
- https://www.vectra.ai/topics/seo-poisoning
- https://www.techtarget.com/whatis/definition/search-poisoning
- https://www.blackberry.com/us/en/solutions/endpoint-security/ransomware-protection/seo-poisoning
- https://www.coalitioninc.com/blog/seo-poisoning-attacks
- https://www.sciencedirect.com/science/article/abs/pii/S0160791X24000186
- https://www.repindia.com/blog/secure-your-organisation-from-seo-poisoning-and-malvertising-threats/
- https://www.hindustantimes.com/technology/typing-these-6-words-on-google-could-make-you-a-target-for-hackers-101731286153415.html
