POCSO Act Section 23 — Procedure for media

CHAPTER V PROCEDURE FOR REPORTING OF CASES

Criminal

Punishment

Imprisonment 6 months–1 year, or fine, or both

As the section puts it: “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

Sub-section (1) prohibits any person from making a report or presenting comments about a child through any form of media, studio, or photographic facilities without having complete and authentic information, if such report or comment could lower the child's reputation or infringe upon the child's privacy.

Sub-section (2) prohibits any media report from disclosing the identity of a child, including the child's name, address, photograph, family details, school, neighbourhood, or any other particulars that could lead to the child's identity being revealed. However, the Special Court competent to try the case under the Act may permit such disclosure if it records reasons in writing and is of the opinion that the disclosure is in the interest of the child.

Sub-section (3) states that the publisher or owner of the media, studio, or photographic facilities shall be jointly and severally liable for the acts and omissions of their employee.

Sub-section (4) states that any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be liable to punishment with imprisonment of either description for a period of not less than six months but which may extend to one year, or with fine, or with both.

Official Text

(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.

Related Judgments

  • GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI vs STATE OF KARNATAKA & ORS — Supreme Court of India (2022)
  • NIPUN SAXENA & ANR. vs UNION OF INDIA & ORS — Supreme Court of India (2018)
  • JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. vs S. HARISH & ORS — Supreme Court of India (2024)
  • MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)