BY DUNCAN ONDIMU
Online child sexual exploitation abuse refers to all child sexual abuse crimes that are committed using information and communications technologies.
The sexual abuse and exploitation can happen either online or offline.
Children’s experiences normally occur in physical and digital form, at times the two forms blend into one.
Online violence as a form of abuse does not begin or end online.
The internet is often used as a pathway to commit physical, sexual and emotional violence.
Some of the forms of OCSEA include online grooming, sexting, live streaming of sexual abuse, sextortion, child pornography and cyber-sex trafficking.
OCSEA is manifested through various forms such as sexual communication with a child, use of threats and blackmail to make children do something that is sexual against their wish, showing pornographic videos and images to children as part of grooming them, use of social media and online gaming platforms by predators to meet, groom, and abuse children, among others.
EMERGING TREND
There is an emerging trend which should be a reason to worry for the entire society and safety of our children.
Digital games give platforms for online grooming, where children may be exposed to sexual content if they are not supervised.
Gamers can now chat in-app with fellow gamers and take advantage of children online.
Advancements in end-to-end encryption continue to prove difficult for law enforcement agencies to tap onto hidden messages between predators and children.
Free text chatrooms are where users can interact with each other over the internet without having to register and or leave their contact details.
Existence of ‘simulation sex’ sites allows users to choose their avatar (human or non-human) and can interact with other users’ avatars in virtual worlds with varying degrees of fantasy, virtual sex in virtual world.
The availability of self-generated exploitation material (Segem) is mainly due to the availability and affordability of cameras and are used as webcams for ‘camgirls’ for interactive live streaming pornography.
LAWS OF KENYA
The laws of Kenya have attempted to address the emerging challenges by having various provisions.
Section 2(h) of the Children Act provides that child abuse includes “the use or exposure of a child in, electronic or online, platforms for purposes of prostitution, pornography or any other unlawful sexual practice.”
This definition includes OCSEA as part of what would constitute child abuse.
Section 22 ) of the Children Act makes a clear provision that it is an offence for any person through electronic system, network, or other communication technology to
(a) Propose or solicit to meet a child for the purpose of engaging in sexual activities
(b) Transmits or causes to be transmitted any obscene material, or otherwise makes such material accessible to children; or
(c) In any other way, subjects a child to online abuse, harassment or exploitation, whether through social networks, playing online games or by use of mobile phones or other electronic devices.
The Data Protection Act under Section 33 places an obligation on a person processing a child’s personal data to ensure that consent is obtained from the child’s parent or guarding and the main consideration being that the processing is in such a manner that protects and advances the rights and best interests of the child.
Section 24 of the Computer Misuse and Cyber crimes Act makes it a criminal offence to produce and publish child pornography through a computer system.
The section makes it a criminal offence for a person to intentionally to download, distribute, transmit, disseminate, circulate, deliver, exhibit, lends for gain, exchanges, barters, sells or offers for sale, lets on hire or offers to let on hire, offers in another way, or make available in any way from a telecommunications apparatus pornography.
Section 24 of the Children Act further makes it illegal for a person to intentionally possess child pornography in a computer system or on a computer data storage medium.
Section 16 of Sexual Offences Act provides for the offence of child pornography.
Section 16A of the Act prohibits sexual communication with a child.
The legal regime that exists in Kenya contains provisions which, if utilised well, will go a long way to ensure protection of all our children.
As a country, we must ensure that our entire justice system is well trained to tackle OCSEA especially in a world where technological advancement occurs daily.
We all owe a duty to our children to ensure that they operate in a safe secure environment and they live to enjoy their childhood free from sexual predators.
DUNCAN ONDIMU
The writer is
senior principal
prosecution
counsel, ODPP
