The Supreme Court of India is hearing arguments from child protection organizations after the Madras High Court ruled that downloading and watching child pornography is not a criminal offense. In January, the High Court dismissed charges against 28-year-old S. Harish, who was caught in possession of two pieces of child sexual abuse material on his
  • KillingTimeItself@lemmy.dbzer0.comEnglish
    33·
    9 months ago

    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.

    • Gabu@lemmy.worldEnglish
      11·
      9 months ago

      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.

      • KillingTimeItself@lemmy.dbzer0.comEnglish
        11·
        9 months ago

        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.