Code: Section 23 POCSO
(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, school, 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 opinion 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.
Explanation of Section 23 POCSO
Section 23 of the Protection of Children from Sexual Offences Act (POCSO) sets strict regulations on how the media can report on or disclose details related to children who are victims of sexual offenses. It serves to protect the privacy, reputation, and identity of minors involved in legal proceedings under the Act.
- Subsection (1) emphasizes that no individual or media entity can make any report or comment about a child unless the information is accurate and will not harm the child’s reputation or privacy.
- Subsection (2) specifically prohibits the disclosure of any identifying information about the child, such as their name, address, photograph, or family details. However, the Special Court has the discretion to permit such disclosure, but only if it is in the child’s best interest.
- Subsection (3) holds the media publisher or owner responsible for any actions or omissions made by their employees concerning this rule.
- Subsection (4) establishes legal consequences for violating these provisions, including imprisonment (6 months to 1 year), fines, or both.
Illustration
Example 1: Violation of Child’s Privacy by Media
A media outlet publishes an article identifying a child victim of sexual offense by revealing their name and photograph. This action violates Section 23(2). The media company could face punishment, including imprisonment or a fine, as per Section 23(4).
Example 2: Court’s Permission for Disclosure
In a case, the Special Court may find that revealing the child’s identity in a limited way serves their best interests (for example, to protect the child from further harm or to assist with the investigation). The court must record its reasoning in writing before allowing such disclosure, as per Section 23(2).
Common Questions and Answers on Section 23 POCSO
1. Can media report on a child involved in a sexual offense case?
- Answer: No, unless the information is authentic, accurate, and does not harm the child’s reputation or privacy, as per Section 23(1).
2. Can the media disclose the name or photograph of a child victim?
- Answer: No, disclosure of such details is prohibited unless authorized by the Special Court for reasons in the best interest of the child under Section 23(2).
3. What are the consequences for violating the provisions of Section 23?
- Answer: Violating these provisions can lead to imprisonment for 6 months to 1 year, a fine, or both, under Section 23(4).
4. Is the publisher or media owner held responsible for their employees’ actions?
- Answer: Yes, the publisher or owner is jointly and severally liable for any acts or omissions by their employees related to the violation of Section 23 (as stated in Section 23(3)).
Conclusion
Section 23 of the POCSO Act protects the identities and reputations of children who are victims of sexual offenses by placing restrictions on the media. The section ensures that children’s privacy is safeguarded and establishes penalties for violations, thereby maintaining the integrity of the legal process and protecting the well-being of minors involved in such cases.
