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Coming to this thread after seeing lemmites defend AI generated child porn is a tonal whiplash I wasn't expecting.
I'll huff the copium and assume it's good that we're not all just a hive mind.
The defendant claimed that the CSAM had auto-downloaded after he received it through the popular messaging app WhatsApp, which his attorneys maintained is not a criminal offense under the Protection of Children from Sexual Offenses (POCSO) Act and the Information Technology (IT) Act.
...Which, okay, makes sense that you wouldn't be guilty. It would be like when people were airdropping shit a few years ago (is that still a thing?) and people were unwittingly getting pictures of someone else's penis. The didn't ask for or go looking for pictures of someone's penis, it was served to them without their intent or desire. The defendant's argument is that he didn't download these, they were sent to him and his phone automatically downloaded them. Is that true? IDK. But i it is true, then he didn't have criminal intent.
But moving along...
Rampant porn consumption has long been considered a major social problem in India, with multiple incidents occurring over the past few years involving sexual violence against women and girls motivated by pornography.
"Sexual violence [...] motivated by pornography". That is... Not a thing. Porn doesn't make people commit violent crimes. If anything, porn availability and consumption appears to decrease sexual assaults.
In one of the most shocking cases from 2021, a 6-year-old was beaten to death after refusing to replicate sex acts with a group of boys who were addicted to porn.
Porn addiction is also not a thing. Outside of religious and moral crusaders, you won't hear the phrase. Psychologists that specialize in human sexuality do not refer to porn addiction. When you look at the background of the people talking about porn "addiction" in the US, it always goes back to religion and morality, not clinical research.
The defendant’s argument is that he didn’t download these, they were sent to him and his phone automatically downloaded them. Is that true? IDK. But i it is true, then he didn’t have criminal intent.
it would be dependent on what "download" means. If they were downloaded into his filesystem, outside of whatsapp (not cache for example) that's bizarre. I've never seen an application do that. "Downloaded" in cache, yeah, that would make sense. But still brings up the question of why he was sent them in the first place.
edit: minor change to add "not" before the parenthesis bit about caching.
I've seen Skype do that. It was a weird folder name, but gallery found it and displayed the images.
Which is how I noticed it in the first place
The Supreme Court of India’s debate on child pornography’s potential semi-legalization comes amid an ongoing debate in the nation regarding the criminal status of marital rape. According to Supreme Court Observer, a decision is currently pending to determine if marital rape will be made legal in the country, as it is currently not considered a crime in situations where the raped “wife” is not a minor.
Yeah, no. Fuck this country and every single person who stands by this shit.
It's entirely possible most people live in a jurisdiction with similar laws. I'm not saying it's good, but I'm saying this is Earth and you can only set your standards for evil so high.
So let me get this straight. My county banned most of the popular porn sites because of the negative influence it can have on the populace but has such a poorly written and enforced law that people who possess and watch CSAM are deemed to be not breaking the law. What the actual fuck is going on here. This is a dangerous precedent being set here and I can only hope that supreme court overrules the case and holds the guy guilty.
Remember to vote against BJP. India has a beautiful culture and a lot of the Indian students I met in college were really amiable, thoughtful people, but BJP is ruining it.
So, apparently the only porn allowed is featuring minors?
How the hell can they justify this
