Indian government has been struggling to deal with the menace of child pornography in India. On the one hand, the Supreme Court of India is asking it to comply with its directions whereas on the other hand Internet service providers (ISPs) of India have communicated their inability to help Indian government unilaterally in this regard.
There is no clear cut and simple solution to this problem and as per Praveen Dalal, CEO of Perry4Law Organisation (P4LO), we need techno legal methods to deal with child pornography in India. This statement is based upon the techno legal experience that the Exclusive Techno Legal Centre of Excellence for Cyber Crimes Investigation in India (TLCOECCII) has acquired since 2012 while dealing with national and international cyber crimes and related cases.
For some time, Indian government has been trying very hard to find solution to curb child pornography in India. The patience of Supreme Court is also fading away as there is no concrete solution that central government has prescribed so far before the Supreme Court. This is understandable as there is no simple and ready to use solution for this problem.
At Perry4Law Organisation (P4LO) we believe that there must be an optimum mix of technological and legal measures that Indian government must adopt in this regard. This is so because neither technological solutions nor legal remedies alone would be sufficient.
Similarly, Indian government would also be required to analyse the laws of different jurisdictions before approaching a company or individuals hosting an offending website in a particular jurisdiction. If we simply block a website in India, that does not solve the problem as it is just clocking the same. But the website is still available to world at large and even in India with the help of proxy servers, VPN and software.
Indian government and judiciary need to understand how Internet works and what problems can arise due to conflict of laws in cyberspace as Indian government and Supreme Court cannot kill a fly with a sledgehammer. This is exactly what they are doing at this moment by relying exclusively upon blocking of offensive websites. We have communicated with thousands of websites carrying offensive and copyright violating contents and have been successful to a great extent in getting those offensive contents removed. It is true that not in all cases the contents can be removed but in vast majority of cases the offensive contents can be removed in a better manner than merely blocking the website carrying the offensive materials and contents.
We at Perry4Law Organisation (P4LO) firmly believe that Indian government and Supreme Court must work at the “micro level” rather than at the “macro level” to reduce the menace of child pornography in India. They must also understand and accept that child pornography cannot be eliminated completely from the Internet and their focus must be more on reducing the same to maximum possible extent. This exercise requires tremendous techno legal expertise on the one hand and a “dedicated team” on the other.
According to Praveen Dalal, “The starting point for the Indian Government and Supreme Court is to ascertain whether they have done anything beyond blocking of child pornography websites in India. If the answer is in negative, we have already lost the battle against child pornography in India”.
Perry4Law Organisation (P4LO) believes that it is high time for the Indian government and Supreme Court to give the issue pointed above serious considerations and come up with a techno legal policy to fight against child pornography in India.