#FactCheck: IAF Shivangi Singh was captured by Pakistan army after her Rafale fighter jet was shot down

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

Beginning with the premise that the advent of the internet has woven a rich but daunting digital web, intertwining the very fabric of technology with the variegated hues of human interaction, the EU has stepped in as the custodian of this ever-evolving tableau. It is within this sprawling network—a veritable digital Minotaur's labyrinth—that the European Union has launched a vigilant quest, seeking not merely to chart its enigmatic corridors but to instil a sense of order in its inherent chaos.

The Digital Services Act (DSA) is the EU's latest testament to this determined pilgrimage, a voyage to assert dominion over the nebulous realms of cyberspace. In its latest sagacious move, the EU has levelled its regulatory lance at the behemoths of digital indulgence—Pornhub, XVideos, and Stripchat—monarchs in the realm of adult entertainment, each commanding millions of devoted followers.

Applicability of DSA

Graced with the moniker of Very Large Online Platforms (VLOPs), these titans of titillation are now facing the complex weave of duties delineated by the DSA, a legislative leviathan whose coils envelop the shadowy expanses of the internet with an aim to safeguard its citizens from the snares and pitfalls ensconced within. Like a vigilant Minotaur, the European Commission, the EU's executive arm, stands steadfast, enforcing compliance with an unwavering gaze.

The DSA is more than a mere compilation of edicts; it encapsulates a deeper, more profound ethos—a clarion call announcing that the wild frontiers of the digital domain shall be tamed, transforming into enclaves where the sanctity of individual dignity and rights is zealously championed. The three corporations, singled out as the pioneers to be ensnared by the DSA's intricate net, are now beckoned to embark on an odyssey of transformation, realigning their operations with the EU's noble envisioning of a safeguarded internet ecosystem.

The Paradigm Shift

In a resolute succession, following its first decree addressing 19 Very Large Online Platforms and Search Engines, the Commission has now ensconced the trinity of adult content purveyors within the DSA's embrace. The act demands that these platforms establish intuitive user mechanisms for reporting illicit content, prioritize communications from entities bestowed with the 'trusted flaggers' title, and elucidate to users the rationale behind actions taken to restrict or remove content. Paramount to the DSA's ethos, they are also tasked with constructing internal mechanisms to address complaints, forthwith apprising law enforcement of content hinting at criminal infractions, and revising their operational underpinnings to ensure the confidentiality, integrity, and security of minors.

But the aspirations of the DSA stretch farther, encompassing a realm where platforms are agents against deception and manipulation of users, categorically eschewing targeted advertisement that exploits sensitive profiling data or is aimed at impressionable minors. The platforms must operate with an air of diligence and equitable objectivity, deftly applying their terms of use, and are compelled to reveal their content moderation practices through annual declarations of transparency.

The DSA bestows upon the designated VLOPs an even more intensive catalogue of obligations. Within a scant four months of their designation, Pornhub, XVideos, and Stripchat are mandated to implement measures that both empower and shield their users—especially the most vulnerable, minors—from harms that traverse their digital portals. Augmented content moderation measures are requisite, with critical risk analyses and mitigation strategies directed at halting the spread of unlawful content, such as child exploitation material or the non-consensual circulation of intimate imagery, as well as curbing the proliferation and repercussions of deepfake-generated pornography.

The New Rules

The DSA enshrines the preeminence of protecting minors, with a staunch requirement for VLOPs to contrive their services so as to anticipate and enfeeble any potential threats to the welfare of young internet navigators. They must enact operational measures to deter access to pornographic content by minors, including the utilization of robust age verification systems. The themes of transparency and accountability are amplified under the DSA's auspices, with VLOPs subject to external audits of their risk assessments and adherence to stipulations, the obligation to maintain accessible advertising repositories, and the provision of data access to rigorously vetted researchers.

Coordinated by the Commission in concert with the Member States' Digital Services Coordinators, vigilant supervision will be maintained to ensure the scrupulous compliance of Pornhub, Stripchat, and XVideos with the DSA's stringent directives. The Commission's services are poised to engage with the newly designated platforms diligently, affirming that initiatives aimed at shielding minors from pernicious content, as well as curbing the distribution of illegal content, are effectively addressed.

The EU's monumental crusade, distilled into the DSA, symbolises a pledge—a testament to its steadfast resolve to shepherd cyberspace, ensuring the Minotaur of regulation keeps the bedlam at a manageable compass and the sacrosanctity of the digital realm inviolate for all who meander through its infinite expanses. As we cast our gazes toward February 17, 2024—the cusp of the DSA's comprehensive application—it is palpable that this legislative milestone is not simply a set of guidelines; it stands as a bold, unflinching manifesto. It beckons the advent of a novel digital age, where every online platform, barring small and micro-enterprises, will be enshrined in the lofty ideals imparted by the DSA.

Conclusion

As we teeter on the edge of this nascent digital horizon, it becomes unequivocally clear: the European Union's Digital Services Act is more than a mundane policy—it is a pledge, a resolute statement of purpose, asserting that amid the vast, interwoven tapestry of the internet, each user's safety, dignity, and freedoms are enshrined and hold the intrinsic significance meriting the force of the EU's legislative guard. Although the labyrinth of the digital domain may be convoluted with complexity, guided by the DSA's insightful thread, the march toward a more secure, conscientious online sphere forges on—resolute, unerring, one deliberate stride at a time.

References

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6763https://www.breakingnews.ie/world/three-of-the-biggest-porn-sites-must-verify-ages-under-eus-new-digital-law-1566874.html

Introduction

In the multifaceted world of international trade and finance, cross-border transactions constitute the heart of economic relationships that span the globe. The threads that intertwine forming the fabric of global commerce are ceaselessly dynamic and exhibit an intricate pattern of complexity especially when it comes to the regulated movement of capital. It's a domain where economies connect, where businesses engage in sublime commerce, and where technology and regulation intersect at critical juncture. These guidelines will play a critical role in the regulation of capital, fortification of financial integrity, and transparency of regulatory and cross-border payments. The key highlights of this regulation include strict pre-authorization for non-bank entities, mandating specific accounts for import and export PA-CBs and a transaction ceiling of 25,00,000 Rupees.

The Vigilance of RBI 

The Reserve Bank of India (RBI), ever vigilant in its shepherding role over the nation's financial stability and integrity, has taken decisive strides to dispel the haze that once clouded this critical sector. With the issuance of a revelatory circular dated October 31, 2023, the RBI has unveiled a groundbreaking framework that redefines the terrain for these pivotal financial entities, aptly christened as Payment Aggregators – Cross Border (PA-CB). In deploying this comprehensive array of regulations, the RBI demonstrates a robust commitment to harmonizing and synchronizing the oversight of payments within the country's financial fabric, extending its meticulous regulatory weave from domestic Payment Aggregators (PAs) to the PA-CBs, a sector previously undistinguished in formal oversight.

The prescriptive measures announced by the RBI are nothing short of a regulatory beacon that cuts through the fog of uncertainty, illuminating a clear path forward for entities dedicated to facilitating cross-border payment transactions pertaining to the import and export of permissible goods and services in India through online modes. Inclusiveness is a hallmark of the RBI’s directive, encompassing a diverse cadre of financial actors, ranging from Authorized Dealer (AD) banks and conventional Payment Aggregators (PAs), to the emergent breed of PA-CBs actively engaged in processing these critical international payment transactions.

Key Aspects of Regulation

One of the most striking aspects of this new regulatory regime is the RBI's insistence on pre-authorization. All non-bank entities providing PA-CB services are impelled to apply to the apex bank for authorisation by April 30, 2024. This is far from a perfunctory gesture; it represents a profound departure from the bygone era when these entities functioned under a patchwork of provisional guidelines and ad-hoc circulars. Indeed, with this resolute move, the RBI signals its intention to embrace these entities within its direct regulatory gambit, an acknowledgement of the shifting tides and progressive intricacies characteristic of cross-border payments.

The tapestry of new rules is complex, setting forth an array of prerequisites for entities aspiring for authorization. For instance, non-bank PA-CBs are obliged to register with the Financial Intelligence Unit-India (FIU-IND) as a preliminary step before commencing the application process. Moreover, the financial benchmarks set are notably rigorous. Non-banks must boast a minimum net worth of ₹15 crores at the time of the application—a figure that escalates to a robust ₹25 crores by the fiscal deadline of March 31, 2026.

Way Forward

As if these requirements weren't indicative enough of the RBI’s penchant for detail and precision, the guidelines become yet more granular when addressing specific types of PA-CBs. Import-only PA-CBs are mandatorily obliged to maintain an Import Collection Account (ICA) with an AD Category-I scheduled commercial bank, while export-only PA-CBs are instructed to maintain an Export Collection Account (ECA), which can be maintained in Indian Rupees (INR) or any permissible foreign currency. The nuance here is palpable; payments for import transactions must be received in a meticulously managed escrow account of the PA, prior to being funneled into the ICA for smooth settlement with overseas merchants.

Conversely, export-only PA-CBs' proceeds from international sales must be swiftly credited to the relevant currency ECA. This meticulous accounting ensures that the flow of funds is both transparent and traceable, adhering to the utmost standards of financial probity.

Yet, perhaps the most emphatic of the RBI's pronouncements is the establishment of a transaction ceiling. PA-CBs have their per-transaction limit capped at ₹25,00,000 for each unit of goods or services exchanged. This calculated move is transparent in its objective to mitigate risk—a crucial aspect when one considers the potential implications of these transactions on the country’s fiscal health and the integrity of its financial systems.

It is no exaggeration to declare that with these guidelines, the RBI is effectuating a seismic shift in the regulation of cross-border payment transactions. There's a fundamental transformation taking place—a metamorphosis—from a loosely defined existence of PA-CBs to one of distinct clarity, under the direct and unswerving supervisory gaze of the regulator. The compliance burden, indeed, has become heavier, yet the return is a compass that points decisively towards secure harbours.

As we embark upon the fresh horizons that these rules bring into view, it is imperative to acknowledge that the RBI's regulatory innovations represent far more than a mere codification of dos and don'ts. They embody a visionary stride towards safeguarding and fortifying the architecture of international payments, a critical component of India's burgeoning presence on the world economic stage.

Conclusion 

The journey ahead, as we navigate these newly charted waters with the RBI's guidelines as our steadfast North Star, will no doubt be replete with challenges, adaptations and learning curves for the array of operational entities. But it is with confidence we can say, the path is set; the map is clear. The complex labyrinth of cross-border financial transactions is now demystified, and the RBI's clarion call beckons us towards a future marked by regulation, security, and above all else, reliability in the cosmopolitan tapestry of global trade. RBI’s guidelines provide a comprehensive framework for standardizing cross-border financial transactions in India. This decision is a monumental step towards maintaining cyber peace in cyberspace. 

References:

• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12561&Mode=0
• https://www2.deloitte.com/in/en/pages/tax/articles/tax-alert-Regulation-of-payment-aggregator-cross-border-pa-cb.html
• https://www.jsalaw.com/newsletters-and-updates/rbis-new-guidelines-to-govern-payment-aggregators-in-cross-border-transactions/ 

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