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POCSO Act 2012

Section 20

Obligation of Media, Studio and Photographic Facilities to Report

THE STATUTE

Original Text

Any personnel of media or hotel or lodge or hospital or club or studio or photographic facility, by whatever name called, irrespective of the number of persons employed therein, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually-related or making obscene representation of a child) through the use of any medium, shall provide such information to the Special Juvenile Police Unit or to the local police, as the case may be.

Legal Commentary

Section 20 is the sector-specific reporting obligation targeting commercial entities that are in a position to encounter child sexual abuse material in the course of their operations — media organisations, hotels, lodges, hospitals, clubs, studios, and photographic facilities. **Why these sectors?** Each of the listed entities is in a position where child sexual abuse material might come to their attention: a photo development lab that processes prints, a studio that receives content, a hotel whose staff may observe exploitation of minors on premises, a hospital where exploitation is disclosed. The provision places an institutional obligation on these entities to act as safeguards. **'Irrespective of the number of persons employed':** Even a one-person operation — a freelance photographer or a one-room studio — is covered. There is no small-business exemption. **Immediate reporting required:** Unlike Section 19's reporting 'without unnecessary delay,' Section 20's use of 'shall provide such information' implies immediacy — on coming across the material, reporting must follow promptly. **Failure to report (Section 21):** Institutional failure to report under Section 20 attracts the Section 21 penalty — up to 1 year imprisonment for persons in charge of institutions, and/or fine.

Questions & Answers

Yes — Section 20 specifically names hotels and lodges. Any hotel personnel who comes across material or situations that are sexually exploitative of a child must report immediately to the SJPU or police. Failure to report is a Section 21 offence.