Section 23 Of The Protection Of Children From Sexual Offences Act 2012
Original Text
23. Procedure for media.
(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.
Visual Summary
Identity Protection
Absolute prohibition on disclosing name, address, photo, school, or family details of the victim in any media report.
Joint Liability
Both the employee (reporter) and the owner/publisher of the media house are legally responsible for violations.
Punishment
Violation leads to imprisonment between 6 months to 1 year, and/or a fine.
Court Exception
Identity can only be disclosed if the Special Court permits it in writing, specifically for the child’s interest.
Summary
Section 23 acts as a shield for the privacy and dignity of children involved in sexual offence cases. It strictly regulates how media outlets (TV, print, digital, etc.) report on such sensitive matters.
The core objective is to prevent the “re-victimization” of the child through public exposure. The law mandates that no report should reveal the child’s identity—this includes not just their name, but also their school, neighborhood, family details, or photographs. Even indirect descriptions that could help someone identify the child are banned.
Crucially, this section holds media owners accountable alongside their reporters. If a violation occurs, the owner cannot claim ignorance; they are jointly liable. The only exception to this rule is if a Special Court grants written permission, believing that revealing the identity would actually benefit the child (e.g., in missing person cases).
Key Takeaways
-
✓
Total Anonymity: Media cannot publish names, addresses, photos, schools, or family details of the victim. -
✓
Authenticity Required: Reporting must be based on complete and authentic information to prevent damage to reputation. -
✓
Joint Liability: Media owners and publishers are equally responsible for violations committed by their employees. -
✓
Judicial Exception: Only the Special Court can authorize disclosure, and only if it serves the child’s best interest. -
✓
Penalties: Imprisonment ranges from 6 months to 1 year, plus potential fines.
Process Flowchart: Media Reporting Guidelines
Practice Questions
1. What is the minimum imprisonment term for contravening Section 23 of the POCSO Act?
Show Answer
Correct Answer: Six months.
The punishment shall not be less than six months but may extend to one year.
2. Who has the authority to permit the disclosure of a child’s identity?
Show Answer
Correct Answer: The Special Court.
Permission must be given in writing and must be in the interest of the child.
3. Who is liable for acts of an employee regarding media violations under Section 23?
Show Answer
Correct Answer: The publisher or owner.
They are jointly and severally liable for the acts and omissions of their employee.
Related Provisions
Conclusion
Section 23 is a critical component of the POCSO Act’s child-centric approach. By imposing strict liability on media houses and mandating absolute confidentiality, the law recognizes that the social stigma associated with sexual offences can be as damaging as the crime itself. It ensures that the child’s right to privacy is paramount, superseding the freedom of the press unless a judicial authority determines otherwise for the child’s own benefit.