NCPCR asks govt to ensure disclaimers on OTTs to keep minors off adult content

Section 11 of the POCSO Act refers to actions that constitute sexual harassment of a child, including showing “any object to a child in any form or media for pornographic purposes”. The punishment in this case is imprisonment up to three years and a fine. Section 75 of the Juvenile Justice Act details punishment for cruelty to a child – assaulting, abusing, neglecting, exposing, abandoning the child is punishable by imprisonment up to three years or a fine of Rs 1 lakh or both.

The NCPCR’s letter to the Ministry dated September 19 came after it convened a meeting in August with representatives of the Indian Cyber Crime Coordination Centre (I4C), and various central ministries to “address the alarming increase among minor children committing crime after watching pornographic content”. The letter was also sent to the Ministry of Electronics and Information Technology and the Ministry of Telecommunications, with recommendations for necessary action.

An official with the NCPCR said that the disclaimers were sought since OTT platforms allow different profiles to be created depending on who is watching, but these profiles are not password protected, allowing children access to all types of content.

The NCPCR has also recommended that the Ministry of Electronics and Information Technology ensure that social media platforms “obtain verifiable consent” from parents in accordance with the Digital Personal Data Protection Act 2023. The Act states that before processing any personal data of a child, the data fiduciary shall obtain verifiable consent of the parent or guardian.

In its recommendations, the NCPCR has said that the Ministry of Telecommunications may examine the feasibility of issuing SIM cards in the name of a child.