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
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 videofiles, audio files, text files, images, animations etc. These may be
stored on CDs, websites, computers, cell phones etc.
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