Procedure for media-Sec-23-POCSO Act

POCSO Act

23- Procedure for media: (1) No person shall make any report or present comments on any child from any form of media or studio or photographic facilities without having complete and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy.

(2) No reports in any media shall disclose, the identity of a child including his name, address, photograph, family details, schoolSchool Σχολή > such as Σχολή Βυζαντινής Μουσικής, neighbourhood or any other particulars which may lead to disclosure of identity of the child:

Provided that for reasons to be recorded in writing, the Special Court, competent to try the case under the Act, may permit such disclosure, if in its opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. such disclosure is in the interest of the child.

(3) The publisher or owner of the media or studio or photographic facilities shall be jointly and severally liable for the acts and omissions of his employee.

(4) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable to be punished with imprisonment of either description for a period which shall not be less than six months but which may extend to one year or with fine or with both.

NOTES

“2. … Section 228-A IPC makes disclosure of identity of victim of certain offences punishable. Printing or publishing the name or any matterMatter Normal matter is made of molecules, which are themselves made of atoms. Inside the atoms, electrons are spinning around the nucleus. The nucleus is made of protons and neutrons. Inside the protons and neutrons, exist indivisible quarks, like the electrons. All matter around us is made of elementary particles. ( building blocks of matter > quarks and leptons). All stable matter in the universe is made from particles that belong to the first-generation. Fundamental forces result from the exchange of force-carrier particles, which belong to a broader group called “bosons”. The strong force is carried by the “gluon”, electromagnetic force is carried by the “photon.” which may make known the identity of any person against whom an offence under Sections 376, 376-A, 376-B, 376-C or 376-D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publicationPublication It includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public. of judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) by the High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. or the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, the High Court or the lower court, the name of the victim should not be indicated.”

(See State of Karnataka v. Puttaraja [(2004) 1 SCCSCC Supreme Court Cases 475], at SCC pp. 478-79, para 2 and Dinesh v. State of Rajasthan [(2006) 3 SCC 771]”

Reference may necessarily be made to the Juvenile JusticeJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία) Act, Chapter IX, “Other Offences Against Children”, in Section 74, which reads as follows;

“74. Prohibition on disclosure of identity of children.―(1) No report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication regarding any inquiry or investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article or a child in need of care and protection or a child victim or witness of a crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor., involved in such matter, under any other law for the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ being in force, nor shall the picture of any such child be published:

Provided that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child.

(2) The Police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of.

(3) Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.”

The mandate of the provision requires no further clarification.

Suffice it to say that neither for a child in conflict with law, or a child in need of care and protection, or a child victim, or witness of a crime involved in matter, the name, address, school or other particulars which could lead to the child being tracked, found and identified shall be disclosed, unless for the reasons given in the proviso extracted hereinbefore. The Police and Media  are required to be equally sensitive in such matters and to ensure that the mandate of law is complied with to the letter. [Subash Chandra Rai vs. The State of Sikkim JudiciaryJudiciary The modern justice system has its roots in Henry II's reign, where the assize system and common law were established. Professional judges and magistrates started to emerge in the 13th century, gradually increasing their independence. However, they faced challenges, including political involvement and potential influence by the sovereign. Changes to the judiciary system, such as the establishment of the Court of Chancery in 1830 and the Judicature Act in 1873, merged common law and equity, leading to the creation of the High Court, Court of Appeal, and Crown Court. Despite this evolution, the judiciary's full independence was not officially recognized until the Constitutional Reform Act in 2005.]

In addition to the above, Chapter V of the POCSO ActProtection of Children from Sexual Offences Act The 2012 Central Law (Indian) safeguards children under 18 from sexual offences. Main offences include: Penetrative Sexual Assault (Sec. 3): Penile/oral/anal penetration or insertion of objects; punished with minimum 7 years imprisonment, extendable to life (Sec. 4). Aggravated Penetrative Sexual Assault (Sec. 5): Committed by persons in authority (police, public servants, staff of institutions), gang assault, repeated acts, on child below 12, or causing grievous harm/pregnancy/HIV; minimum 10 years rigorous imprisonment to life (Sec. 6). Sexual Assault (Sec. 7): Touching private parts with sexual intent; 3-5 years imprisonment (Sec. 8). Aggravated Sexual Assault (Sec. 9): Similar aggravating factors; 5-7 years (Sec. 10). Sexual Harassment (Sec. 11): Gestures, words, stalking, or showing pornography; up to 3 years (Sec. 12). Using children for pornography (Sec. 13-15) carries 5-7 years, enhanced if combined with assault. Abetment and attempt are also punishable. prescribes the procedure for reporting of cases. Section 19 which commences with a non-obstante clause envisages that any person which includes the child, has the apprehension that an offence under this Act is likely to be committed or has knowledgeKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम्‌ ," and "知识 Zhīshì," respectively. that such an offence has been committed, he shall provide such information to the Special Juvenile Police Unit or the local Police. The details have been laid down in this Section.

The POCSO Act also imposes an obligation on personnel of the media, hotel, lodge, hospital, club, studio, photographic facilities, to provide information to the Special Juvenile Police Unit or to the local Police if they come across any material or object which is sexually exploitative of a child. The relevant provision is as follows;

“20. Obligation of media, studio and photographic facilities to report cases.–Any personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the numberNumber Αριθμός of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographicPornographic To be considered porno-graphic, an image needs to have been produced solely or mainly for the purpose of sexual arousal. Whether this threshold has been met will be an issue for a jury to determine, or factual evidence. Where an individual image forms part of a larger series of images, the question of whether it is porno-graphic must be determined by reference both to the image itself and also the context in which it appears in the larger series of images.  Where a narrative, such as a mainstream or documentary film, contains images which might be considered ‘pornographic’ if looked at in isolation, outside the context of the storyline or purpose of the narrative, those images may not be pornographic by the context in which they appear. Extreme pornographic material/s., sexually-related or making obscene representation of a child or children) through the use of any medium, shall provide such information to the Special Juvenile Police Unit, or to the local police, as the case may be.”