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.
I don’t think you can unknowingly download something. Sounds like a lie to cover up. I’m not a software engineer. But I do not think it works that way unless you are downloading immense files or zips. If that’s the case it should be clearly shown with what they did download.
Noooope, whatsapp by default downloads images and videos sent to you. I know cuz I have to disable it on my device and clean the downloaded shit from my grandpa’s device. Grandpa does want it to keep downloading.
Edit: Fixed spelling. Misclicked almost evert N with B, lol