Introduction
The technology has opened a huge potential and brought unending problems. Some of them include children that learn through the internet, be entertained and socialize. But this freedom they get is somehow dangerous because they interact with different people online, they come across abusive contents, bullying and even get into contact with possibly dangerous individuals. Thus, children’s cyber safety is an important issue and there is a need for the backing of strict legal measures. In this article the legal measures in India targeting the safety of children in cyberspace will be discussed.
Birth of the Digital Age
India has over 560 million internet users and ranks second largest hi-speed internet access market globally. The digital environs are growing day by day owing to cheap smart phones and cheap data packages. Such a boom has offered benefits and liabilities; the drawbacks are evident especially among the sensitives like children. Social networks, online games, and educational programs and materials represent some of the areas that children are more likely to explore online. For this, the internet offers learning tools, but at the same time, it has exposed children to cyber risks.
Cyber-Safety and the Children’s Legal Framework
India has been quite prompt and effective in building up a legal structure to address the issues of cyber safety of children. This framework involves different laws, regulations, and policies that seek to safeguard children against the negative effects of the internet.
The Information Technology Act, 2000 is the main law of the country concerning Information Technology which was passed by the Indian Parliament in 2000 aiming to adapt the country’s laws and policies to the computer age.
India’s cyber law frameworks can be traced back to the Information Technology Act, 2000 also referred to as the IT Act. A brief overview of legal provisions that govern the cyber world and Children’s rights in India are provided.
- Section 67: This section also concerns the publication or transmission of matter in an electronic form which is obscene. It also dictates severe sanctions such as imprisonment and fines for persons who produce and distribute obscene information. This aspect plays a significant role in preventing children from accessing any contents that may be prohibited.
- Section 67B: Focusses on child pornography. They criminalize the dissemination of matters that involve the portrayal of children in sexual activities. The section also outlines as a criminal act the making, procurement and distributing of the obscene material that is pornographic in nature and involves children.
Protection of Children from Sexual Offences Act, 2012 (POCSO Act)
POCSO Act is a historic law that offers end to end protection to children against sexual offences. Majority of the provisions of the POCSO Act is inclined to offline crimes; nonetheless, it also includes online sexual abuse cases.
- Section 11: Embody definition of sexual harassment, specifically; online sexual harassment. This provision is a great way of dealing with cyberbullying and grooming cases.
- Section 13: Provides for the abuse of children for pornographic mater, and the penalties that shall be imposed on the offenders. LIST OF ENACTMENTS THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
This act is geared toward giving a guideline on how the children will be protected and cared for and also how they will be rehabilitated. It deals with cases of juvenile delinquents as well as the vulnerable children in the society. - Section 77: bars any person from providing children with intoxicating liquor or narcotic drug or psychotropic substance , which is useful in situations where such substances are given to children to compel them to engage in the filming or photoshooting. Indian Penal Code (IPC)
It should be noted that the IPC has several sections that arguably relate to cyber safety in an indirect manner. - Section 354D: Stalking is criminalized, including cyber stalking. It’s important this provision because cybrestalking has been known to target children to the worst extent.
- Section 500 and 509: Comprises of defamation the crime committed against a person because of a published statement that tends to lower the reputation of the person in the eyes of the public. Section 509 is the offence committed against a woman because of an act done with the intention of insulting the modesty of the woman. These sections can be called in to act against cases of cybersolicitation and cyberstalking, among other offenses.
Regulatory Bodies and Initiatives
Besides legislative approaches, the regulatory actors and programs bear significant responsibility for children’s cyber protection.
National Commission for Protection of Child Rights (NCPCR).
NCPCR is one of the statutory bodies which was formed under the Commissions for Protection of Child Rights Act, 2005. In this regard it ensures that all the laws as well as policies and programs are informed by the child rights perspective.
– E-Box: An online complaint management system for filing complaint involving child abuse, case being cyber abuse. Through the software known as E-Box children can discuss instances in which they have been abused in confidence, thus giving the abused child hope of receiving help.
The Ministry of Status of Women and Children
To support this statement , The Ministry has put in place some programs to ensure the protection of children while using the internet.
– Cyber Crime Prevention against Women and Children (CCPWC): An initiative meant to help to fight and deal with cyber-crimes against women as well as children. Among them are the creation of cyber forensic training centres and the training of capacities of the police.
The Central Bureau of Investigation (CBI). The CBI has a specialised wing called the Cyber Crime Investigation Cell and that deals in the investigation of cybercrimes which includes offences against children. The specific unit engages and works hand in hand with other world police forces and agencies as it deals with global cybercriminality.
Difficulties in Maintaining Safety in the Cyber World
As it has been clearly established, there is a strong legal basis towards the protection of children from the dangers of cyberspace below are some factors that hinder efficient protection of the child from dangers of cyberspace.
Lack of Awareness
Among such difficulties the lack of concern, awareness of potential risks, and legal rights for parents, teachers, and children should be mentioned. Since kids are digital natives, many of them have inadequate knowledge on what is wrong with sharing information on the social platform or talking to strangers online.
Enforcement Issues
Another major issue is the enforcement of cyber laws where a number of countries do not implement cyber laws strictly or inadequately enforce them at that. This is so as advancement in technology happens at a very fast pace hence overrunning the legal structures. This means that, police organizations lack the adequate training and sufficient resources to combat cybercrimes.
Cross-Border Jurisdiction
These are some of the issues related to the jurisdiction of the internet, due to its connectivity of the world. Traditional crimes on the other hand are normally committed locally and thus the perpetrator can easily be apprehended while in cyber crimes, the offender may be from a different country. This means international cooperation is vital but, at the same time, quite a challenge.
Privacy Concerns
There is, however, a need to ensure cyber safety while at he same time taking privacy of the children into consideration. It is sometimes difficult to find middle ground between policing the Web and, at the same time, not invading people’s right to privacy.
Recommendations for Enhancing Cyber Safety
To revert these challenges and increase the level of safe internet usage among children, some measures can be suggested.
Education and Awareness Programs
Education programs of children, parents, and teachers should be conducted to ensure that they are aware of the dangers posed by the use of internet. It is recommended that children are taught about cyber safety at school: about safety measures that should be followed on the Internet and the value of privacy.
Strengthening Law Enforcement
The police departments should therefore be equipped with adequate and relevant training in dealing with such incidences as cyber crimes. This may involve the establishment of the specialized cybercrime divisions and the improvement of cooperation with the foreign organizations.
International Cooperation
Therefore, enhancing the international collaboration is paramount given the nature of a growing number of cross-border computer crimes. India must engage in international bodies and conventions that specifically address the issues of cybercrime and children’s safety.
Child-Friendly Reporting Mechanism
Children need reporting centres to report cyber abuse, this is why child-friendly reporting methods must be promoted. Such services as open hotlines, made especially for the creations of kids, and anonymous applications can be of great use to children.
Involving Tech Companies
Businesses dealing in technology are significant in protection of children from the adverse effects of the internet. They should be encouraged to put in place strong safety measures that include; the parental control, the age verification and the content filter. The government and tech companies collectively can come up with new strategies that will help in the protection of children in the social networks.
Legal Reforms
It is always important to conduct routine overhauls and amendments on the current laws due to the fast-changing technological environment. There is need to have new laws regarding new threats like cyber bullying, online grooming and use of artificial intelligence in cyber crimes.
Conclusion
Childrens cyber security in the current world is not an easy task and it involves various factors. Despite having established and emerging itself as one of the most liberal economies of the world, India still requires regular endeavors to adopt legal protection against existing as well as new risks and adversities. Thus, India can build a safer internet for kids by increasing the level of education and awareness, strengthening the existing legislation and enforcement, extending international cooperation and involving tech giants in the process. As the social media and engagement on the internet keeps on advancing, it is important that measures to shield such vulnerable people are also advanced.
Contributed by Raj Kumar (Intern)
OP Jindal Global University