Urges Education and Counseling Over Punishment
The Madras High Court recently addressed the issue of pornography addiction among Generation Z, emphasizing the need for societal guidance and education. This statement was made in the context of a case involving child pornography.
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Justice Anand Venkatesh remarked on the challenges faced by today’s youth due to the easy access to pornographic content on electronic devices. He stated,
“The Generation Z Children are grappling with this serious problem and instead of damning and punishing them, the society must be mature enough to properly advise and educate them and try to counsel them to get rid of that addiction. The education must start from the school level since exposure to adult material starts at that stage itself.”
The court elaborated on the addictive nature of pornography, explaining it through the principle of “operant conditioning.” The court observed,
“Lots of different things can be reinforcing, and thus influence our behavior, but porn can be especially reinforcing because the reward taps into a very basic instinctual drive – sex. Therefore, it is very easy to become addicted to porn – it is accessing a fundamental (and very enjoyable) natural drive. It is also much easier to obtain than going out and finding a ‘mate’ to fulfill this drive.”
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Highlighting the prevalence of pornography among teenagers, the court cited alarming statistics:
“9 out of 10 boys were exposed to pornography before the age of 18 and 6 out of 10 girls were exposed to pornography before 18 years of age.”
It was also noted that the average age of first exposure to pornography among males is 12 years, and that 71% of teens hide their online activities from their parents.
The court also discussed the detrimental effects of pornography on mental and physical health. In the case at hand, the accused admitted to his pornography habit and his efforts to overcome it. The court advised him to seek counseling if needed, expressing hope for his recovery.
Regarding the legal aspects of viewing child pornography, the court clarified,
“To make out an offence under Section 14(1) of Protection of Child from Sexual Offences Act, 2012, a child or children must have been used for pornography purposes. This would mean that the accused person should have used the child for pornographic purposes. Even assuming that the accused person had watched child pornography video, that strictly will not fall within the scope of Section 14(1) of Protection of Child from Sexual Offences Act, 2012… In order to constitute an offence under Section 67-B of Information Technology Act, 2000, the accused person must have published, transmitted, created material depicting children in sexual explicit act or conduct. A careful reading of this provision does not make watching child pornography, per se, an offence under Section 67-B of Information Technology Act, 2000,”
the High Court said.
This ruling and the observations by the Madras High Court highlight the urgent need for societal intervention in educating and counseling the younger generation about the risks and consequences of pornography addiction, while also clarifying the legal stance on child pornography.
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