Cyber Pornography

There is no settled definition of pornography or obscenity. What is

considered simply sexually explicit but not obscene in USA may well be

considered obscene in India. There have been many attempts to limit the

availability of pornographic content on the Internet by governments and

law enforcement bodies all around the world but with little effect.

Pornography on the Internet is available in different formats. These range

from pictures and short animated movies, to sound files and stories. The

Internet also makes it possible to discuss sex, see live sex acts, and

arrange sexual activities from computer screens. Although the Indian

Constitution guarantees the fundamental right of freedom of speech and

expression, it has been held that a law against obscenity is constitutional.

The Supreme Court has defined obscene as “offensive to modesty or

decency; lewd, filthy, repulsive.

Section 67 of the IT Act is the most serious Indian law penalizing cyber

pornography. Other Indian laws that deal with pornography include the

Indecent Representation of Women (Prohibition) Act

and the Indian

Penal Code.

According to Section 67 of the IT Act

Whoever publishes or transmits or causes

to be published in the electronic form, any

material which is lascivious or appeals to

the prurient interest or if its effect is such as

to tend to deprave and corrupt persons who

are likely, having regard to all relevant

circumstances, to read, see or hear the

matter contained or embodied in it, shall be

punished on first conviction with

imprisonment of either description for a

term which may extend to five years and

with fine which may extend to one lakh

rupees and in the event of a second or

subsequent conviction with imprisonment of

either description for a term which may

extend to ten years and also with fine which

may extend to two lakh rupees.

This section explains what is considered to be obscene and also lists the

acts in relation to such obscenity that are illegal.

What constitutes obscenity in electronic form?

To understand what constitutes obscenity in the electronic form, let us

analyse the relevant terms:

Any material

in the context of this section would include video

files, audio files, text files, images, animations etc. These may be

stored on CDs, websites, computers, cell phones etc.