Section 23 of The Protection of Children from Sexual Offences Act, 2012
- (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.
Summary
- Media, studios, and photographic facilities are prohibited from reporting or commenting on a child without complete and authentic information, or doing anything that lowers their reputation or infringes on their privacy.
- Media reports must never disclose any details that can identify the child, including their name, address, photograph, family details, school, or neighbourhood.
- The Special Court may permit the disclosure of the child's identity only if it is in the child's interest and the reasons are recorded in writing.
- Publishers and owners of media, studios, or photographic facilities are jointly and severally liable (meaning they can be held responsible together or individually) for any violations committed by their employees.
- Anyone who violates these media procedures faces a minimum of six months of imprisonment, which can extend up to one year, a fine, or both.
Practical examples
FAQ
1. What identifying details of a child is the media prohibited from disclosing?
The media cannot disclose the child's name, address, photograph, family details, school, neighbourhood, or any other particulars that may lead to the disclosure of their identity.
2. Can a child's identity ever be disclosed by the media under this Act?
Yes, but only if the Special Court competent to try the case permits it in writing, after recording reasons that such disclosure is in the interest of the child.
3. Who is held responsible if a news reporter illegally reveals a child's identity?
Both the employee who made the report and the publisher or owner of the media, studio, or photographic facility are jointly and severally liable.
4. What is the punishment for violating the media procedure under Section 23?
The punishment is imprisonment of either description for a term which shall not be less than six months but which may extend to one year, a fine, or both.
Test yourself
Q1.Under Section 23 of The Protection of Children from Sexual Offences Act, 2012, what is the minimum prison sentence for making a report that improperly lowers a child's reputation or reveals their identity?
Q2.Under Section 23 of The Protection of Children from Sexual Offences Act, 2012, who can legally permit the disclosure of a child's identity?
Q3.Under Section 23 of The Protection of Children from Sexual Offences Act, 2012, what is the legal liability of a media house owner if their employee illegally publishes a child's photograph?
Q4.Under Section 23 of The Protection of Children from Sexual Offences Act, 2012, which of the following is NOT specifically listed as an identifying detail that the media is barred from disclosing?