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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

The BJP has selected Kishore Kumar Puttur as its candidate for the bypoll to Karnataka Legislative Council from Dakshina Kannada and Udupi Local Authorities’ Constituency. The by-election will be held on October 21.

Kishore Kumar is presently serving as the General Secretary of Dakshina Kannada BJP unit. He had served as vice president of State BJP Yuva Morcha from 2014 to 2016.

The by-election will be held to the seat vacated by Kota Srinivas Poojary of the BJP who has been elected as the Lok Sabha member from Udupi-Chikmagaluru Lok Sabha constituency. The vacancy was created on June 15, 2024 following Poojary’s resignation to the Council. His term in the council was till January, 2028.

In the last Council election held for the dual member constituency in December 2021, Poojary had secured 3,672 votes while the Congress candidate Manjunath Bhandary had secured 2079 votes. Poojary and Bhandary had secured required votes from the first preferential votes and had won the election.

There were several aspirants for the BJP ticket including former MP Nalin Kumar Kateel, DK BJP president Satish Kumpala, Mangaluru divisional in-charge Uday Kumar Shetty, former minister Pramod Madhwaraj and former Udupi district BJP president Kuilady Suresh Nayak.

The Congress is yet to announce its candidate for the election. KPCC working president Manjunath Bhandary in a recent press meet in Mangaluru had said that an opportunity will be given to congress leaders from Udupi district to contest by-election.

The Dakshina Kannada and Udupi Local Authorities’ Constituency has 6037 voters including 3551 from Dakshina Kannada comprising eight MLAs, one MP. The last date for filing nomination is October 3 and the last date for withdrawal of nomination is October 7. The counting will be held on October 24.

According to a report, American multinational technology conglomerate Meta is restricting the use of the upside-down red triangle emoji, which has become a broader symbol of Palestinian resistance.

Meta is restricting the emoji on its Facebook, Instagram, and WhatsApp platforms, The Intercept reported on Thursday after reviewing internal content moderation materials.

Since the beginning of Israel’s genocidal war on Gaza, the resistance movement Hamas has regularly released footage of its successful strikes on Israeli military positions with red triangles superimposed above targeted soldiers and armor, the report said.

The use of the red triangle emoji has expanded online since October last year, becoming a widely used icon for people expressing their sentiments in favor of Palestine and against Israel.

Social media users use the emoji in their posts, usernames, and profiles as a badge of solidarity and protest against Israel’s crime against Palestinians.  

The symbol has become so popular that the Israeli military has used it in its own propaganda.

In November, an Israeli military video that warned “Our triangle is stronger than yours, Abu Obeida,” addressing Hamas’s spokesperson, Al Jazeera reported.

Meta, which owns Facebook and Instagram, has determined that the upside-down triangle emoji is a proxy for support for Hamas, according to internal policy guidelines obtained by The Intercept.

Meta is deleting the triangle that may be followed by further disciplinary action from the company depending on how severely it assesses its use.

According to the policy materials, the ban covers contexts in which Meta decides a “user is clearly posting about the conflict and it is reasonable to read the red triangle as a proxy for Hamas and it is being used to glorify, support or represent Hamas’s violence.”

Israel has killed at least 41,700 Palestinians, mostly women and children, in Gaza since October 2023. In Lebanon, the death toll has risen to more than 1,840 with 8,400 wounded.

The Israeli war machine ignited its genocidal campaign by targeting helpless Palestinians trapped in the Gaza Strip in October.

It was after the Palestinian resistance movement Hamas conducted surprise Operation Al-Aqsa Storm against the occupying entity in response to the regime's decades-long campaign of bloodletting and devastation against the Palestinians.