What the fuck.
The only appropriate response to have.
During Supreme Court proceedings, HS. Phoolka, who represented the child advocacy groups, noted that Harish had constantly watched the video over the course of two years.
In case anyone thinks the ruling is actually about “accidental” downloads
Yeah, it’s not even just a sensationalist headline. It’s what they ruled. How are we supposed to reconcile this with the rest of the world? I’m genuinely asking. How do you include a country with leadership like this in the future of the world? Someone enlighten me.
A more important headline is that there currently are not laws in place to outlaw the possession and viewing of child pornography. It shouldn’t be up to the court to set a precedent of its illegality, but rather a clear law making it illegal.
It seems there is an amendment in the POSCO act for this situation but somehow it is not being enforced properly. Maybe the amendment is poorly wordly¿? I am not a lawyer though so I might be wrong
… In good company.
No trouble at all if everyone else is doing it. I mean, it’s not like only Epstein had an island…
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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.
Fucking India man I swear
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Fascism happened. That’s what.
Well Muslims there saw the shit coming way before 2020. But Hindus be like Heil Modi and world leaders applaud and can’t wait to do business
You’re generalizing too much, so many Hindus have spoken against him and OTOH there are also Muslims like Shehla Rashid who became turncoats or have stayed silent.
Agree on generalizing, I made a huge shortcut. But his popularity ratings have never been so high
Saving Indian minorities is well below having a counterbalance to China on the Western priority list, unfortunately. Realpolitik strikes again.
If this goes far enough China could actually be easier to deal with, long-term. I hope they’ve thought of that.
Considering the prophet’s proclivities for 8 year olds, I thought this law would appease the muslims in India
Heh heh
Calm down. Have some cow urine.
From the sacred
chalicecowlice
100% chance the high court judge has this exact content on his computer.
Who will judge the judges?
Who watches the watchmen ?
Yep, that was the reference
The judges would appreciate it if you just… didn’t.
Everyday my country finds a new way to be regressive.
Hopefully I can leave it as early as possible.
Good luck mate, South Asia in general is fucked and they’re all busy one upping each other on the fucked up list. You’re better off abandoning ship to some other place.
matt gaetz buying plane tickets there as we speak
matt gaetz
buying plane ticketsapplying for citizenship there as we speakftfy
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.
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.
I was interested if this holds up and unfortunately it is a thing in the medical world, albeit not a big one. I found this study, which gives a good overview over the topic.
I’ll quote the whole Introduction, because I find it quite interesting and it gives a good overview.
spoiler
With the inclusion of “Gambling Disorder” in the “Substance Use and Addictive Disorders” chapter of the DSM-5 [1], the APA publicly acknowledged the phenomenon of behavioral addiction. Furthermore, “Internet Gaming Disorder” was placed in Section 3—conditions for further study.
This represents the ongoing paradigm shift in the field of addictions that relates to addictive behavior, and paves the way for new research in the light of cultural changes caused by the new technologies.
There is apparently an existing common neurobiological [2] and environmental [3] ground between the varying addictive disorders, including both substance abuse and addictive behavior; this can manifest as an overlapping of both entities [4].
Phenomenologically, behaviorally addicted individuals frequently exhibit a problematic consumption model: impaired control (e.g., craving, unsuccessful attempts to reduce the behavior), impairment (e.g., narrowing of interests, neglect of other areas of life), and risky use (persisting intake despite awareness of damaging psychological effects). Whether these behaviors also meet physiological criteria relating to addiction (tolerance, withdrawal) is more debatable [4,5,6].
Hypersexual disorder is sometimes considered one of those behavioral addictions. It is used as an umbrella construct that encompasses various problematic behaviors (excessive masturbation, cybersex, pornography use, telephone sex, sexual behavior with consenting adults, strip club visitations, etc.) [7]. Its prevalence rates range from 3% to 6%, though it is difficult to determine since there is not a formal definition of the disorder [8,9].
The lack of robust scientific data makes its research, conceptualization, and assessment difficult, leading to a variety of proposals to explain it, but is usually associated with significant distress, feelings of shame and psychosocial dysfunction [8], as well as other addictive behaviors [10] and it warrants direct examination.
Concurrently, the rise of the new technologies has also opened up a pool of problematic addictive behavior, mainly Internet Addiction. This addiction may focus on a specific application on the internet (gaming, shopping, betting, cybersex…) [11] with potential for risk-addictive behavior; in this case, it would act as a channel for concrete manifestations of said behavior [4,12]. This means inevitable escalation, providing new outlets for established addicts as well as tempting people (due to increased privacy, or opportunity) who would not have previously engaged in these behaviors.
Online pornography use, also known as Internet pornography use or cybersex, may be one of those Internet-specific behaviors with a risk for addiction. It corresponds to the use of Internet to engage in various gratifying sexual activities [13], among which stands the use of pornography [13,14] which is the most popular activity [15,16,17] with an infinite number of sexual scenarios accessible [13,18,19,20]. Continued use in this fashion sometimes derives in financial, legal, occupational, and relationship trouble [6,21] or personal problems, with diverse negative consequences. Feelings of loss of control and persistent use despite these adverse results constitute “online sexual compulsivity” [22] or Problematic Online Pornography Use (POPU). This problematic consumption model benefits from the “Triple A” factors [23].
Due to this model, pornography-related masturbation may be more frequent nowadays, but this is not necessarily a sign of pathology [21]. We know that a considerable proportion of young male population access Internet for pornography consumption [24,25]; in fact, it is one of their key sources for sexual health [26]. Some have expressed concern about this, addressing the time gap between when porn material is consumed for the first time ever, and an actual first sexual experience; specifically, how the former can have an impact on sexual development [27] like abnormally low sexual desire when consuming online pornography [28] and erectile dysfunction, which has spiked dramatically among young men in the past few years when compared to a couple decades ago [29,30,31,32,33].
We systematically reviewed the existing literature on the subject of POPU to try and summarize the various recent advances made in terms of epidemiology, clinical manifestations, neurobiological evidence that supports this model of problematic use, its diagnostic conceptualization in relation to hypersexual disorder, its proposed assessment instruments and treatment strategies.
I kind of feel that the term ‘addiction’ is being used a bit freely these days. If you’re addicted to heroin, for example, and you’re unable to access the drug you are sick as fuck for a week. That’s not just a psychological phenomenon, it’s physical too. If a porn addict is unable to access porn I find it hard to believe that they suffer similarly. That said, people manage to mess up their lives pretty profoundly with gambling so perhaps it’s better to define addiction based on the harm done to someone life rather than the consequences of withdrawal.
Addicted to porn could develop panic symptoms
Yeah fair point. I’m just thinking I’d call it a mental health issue more than an actual addiction. Extreme phobias are psychological and this stuff sounds kinda like the opposite of a porn phobia.
The existing literature has people saying asbestos is safe and that RoundUp is harmless.
And why do you know they are not?
(stops snorting asbestos and places his chalice of round up on the table) sir, do you think me a fool?
I’m not a moron and understand basic physics, biology, and the scientific methods. I’m agreeing with you by the way.
Just pointing out that you can find anything in the literature.
Partisan hacks and morons can submit work for scholarly review too. Most journals don’t publish that shit, but some just don’t know any better.
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 gallery only found it due to shitty android skill issues.
Regardless, there’s still a dependence on the semantics here. You having a cache file of something showing up does not mean it was downloaded, it merely means that your phone considers it to be important enough to put it into the gallery, which is entirely arbitrary. And caching directories will, well, cache images, because sending them over the internet is expensive.
The semantics is that downloading is copying something from one computer system to another. Nothing about intent or permanence or whether it’s a temp/cache file or not. If you did not download the file, you cannot have seen it.
Whether you meant to do something or not does not change the action. The colloquial use of the word downloading to mean something different from streaming or browsing does not change the fundamental action.
In the case of WhatsApp, which is specifically in question here, it doesn’t “cache” images in a temporary folder. It saves the images to your devices media folders in their own library. So even by your definition, they’re being downloaded. Now, this is a setting which is on by default so maybe an individual doesn’t realise. It doesn’t mean they’re not downloading the content.
The semantics is that downloading is copying something from one computer system to another. Nothing about intent or permanence or whether it’s a temp/cache file or not. If you did not download the file, you cannot have seen it.
i mean yeah, but we’re also talking about a legal case here, where the semantics of how it got there also matter. It’d be insane for someone else to sabotage you by committing illegal acts in your home for instance, and then getting you arrested because you were merely around them. Part of the semantics here are governmental.
If you did not download the file, you cannot have seen it.
this was exactly my point. The original comment here was completely ignoring that possibility, could have been for good reason, i have no idea, but unless people clarify, i assume the worst.
Whether you meant to do something or not does not change the action. The colloquial use of the word downloading to mean something different from streaming or browsing does not change the fundamental action.
I mean i suppose if you accidentally downloaded something, that would mean that you did technically download it, just not intentionally, but if someone else downloads something, then you quite literally did not download it. That’s my point here.
In the case of WhatsApp, which is specifically in question here, it doesn’t “cache” images in a temporary folder. It saves the images to your devices media folders in their own library. So even by your definition, they’re being downloaded. Now, this is a setting which is on by default so maybe an individual doesn’t realise. It doesn’t mean they’re not downloading the content.
So, if i’m understanding you correctly here, and correct me if im wrong, because i don’t use whatsapp (i use better apps) whatsapp has no concept of a download cache, and instead of using a cache, EVERY image that you have EVER been sent, from ANYBODY who contacts you, is being stored and put into a single folder somewhere on your device without the intention of it ever being removed automatically?
Even in this case, they are not downloading it. It is in fact, being automatically downloaded however, since that would technically not qualify as a cache. Ignoring the fact that this is a pretty stupid decision for the developers to make, considering how easy it would be to “zip bomb” someone using this. This also does not guarantee that something downloaded to your device, is something that you would even know about. And also, like i said, is also something the user themselves is not downloading.
I would still argue pretty explicitly, that this doesn’t mean that they explicitly downloaded the content, unless they knew that it was downloaded at some point, or in this case, regularly accessed it i suppose. But the semantics here is based on the fact that something was downloaded to your device, doesn’t mean that you did it, or that you know about it.
But still brings up the question of why he was sent them in the first place.
There was an extortion ring running a while back that would try to send people illegal videos then blackmail them. I’m not sure how effective it was, but it did exist.
sounds like the internet i know. Doubt it would be very effective. I’m sure the government here in the US would be all over it, but i can’t imagine it would be hard to disprove.
I mean…
looks at sexual assault rates in india
…yep, par for the course. Guess which country will be uninhabitable by 2040-2050s too.
Don’t need to be a racist about it, but just know that problem will not just go away and will require robust infrastructure and strong mental health care to handle properly.
There’s always the chance they’ll end up starting a nuclear war with Pakistan. I wouldn’t put it past Modi to nuke India.
Gandhi always nukes first
I thought it might just have been about a badly worded law, but no, at least from the translation given, the law seems pretty clear, and the opinion from the court seems extremely strange.
They, or someone they know, most likely sitting on gb’s of the stuff.
India has been taken over by backwards-ass right wing religious fundamentalists.
India “became the world leader in internet blackouts”, straight up government control. https://www.theguardian.com/world/2023/sep/25/a-tool-of-political-control-how-india-became-the-world-leader-in-internet-blackouts?
Horrific violence covered up in Manipur on the minority christian community. The country is sliding into some barbaric behavior. https://www.wired.com/story/internet-shutdown-manipur-burning-in-the-dark/
Since May 4, the Indian government has shut off the internet in Manipur, giving cover to murders, rapes, and arson.
I assumed it had been taken over by Libertarians.
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Madras High Court Judge N. Anand Venkatesh also noted that it was “done in privacy without affecting or influencing anyone else.”
ummm, how about the child sexual abuse victim? bad enough the misogyny and oppression of women’s rights that comes with right wing religion everywhere, RSS/BJP certainly playing their part. the child dude, think of the child.
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Literally the one case where “think of the children” would be applicable, and of fucking course they don’t even mention it then.
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.
Every day I learn something new about contemporary India, I turn a little more dissapointed.
