Which Sections Of The It Act Apply To Cyber Pornography?

Writings, pictures, or videos that are meant to elicit sexual desire are referred to as pornography. The term "cyber pornography" refers to content that is created, shared, and spread via the Internet. Pornographic websites, publications that use computers to create and print information, and pornographic texts, photos, and other media that may be downloaded and shared over the Internet fall under this category.

In recent years, there have been numerous instances of pornographic advertising using computers. Thanks to information technology, pornographic content can now be produced and circulated online much more quickly. It can be delivered instantly throughout the world in a matter of seconds. The geographical barriers that formerly prevented foreign publications from reaching the local population have disappeared.

Cyber Pornography: What is It?

• Cyber pornography is the publishing, distribution, or creation of pornography using the internet. 

• Cyber pornography has become more prevalent as a result of technological improvements. 

• People may watch thousands of movies on their laptops or mobile devices, as well as can even upload porn online, thanks to the ease with which people can access the Internet.

  
  

Cyber Pornography under IT Act 2000

While it is illegal in many nations, cyberpornography is allowed in others. This is a legal grey area in India under the Information Technology Act, 2000; it is neither outlawed nor made legal.

According to Section 67 of the Information Technology Act of 2000, the following offenses are punishable by up to three years in prison and a fine of up to five lakhs:

• This includes posting pornographic material on a website, WhatsApp group, or any other online platform where it can be seen by uninvited people.

• Transmission is the act of sending pornographic content to anyone via electronic methods.

• This is a broad phrase that would ultimately hold the intermediate portal accountable for the offender's publication or transmission of such pornographic material. The Information Technology Act's Intermediary Guidelines place a duty on the Intermediary/Service Provider to take reasonable steps to prevent unauthorized use of their portal.

  
  

According to Section 67A of the Information Technology Act, publishing, transmitting, or causing to be published in electronic form any content that contains sexually explicit acts or conduct is punishable by a fine of up to 10 lakhs and a maximum sentence of five years in jail.

It is quite evident from a knowledge of these sections what the Indian laws of cyberpornography are like:

• It's acceptable to see cyberporn in India. Downloading and watching such content is not illegal in and of itself.

• It is against the law to publish pornographic material online.

• It is not illegal to store pornographic material online.

• It is illegal to send cyberporn via emails, instant chats, or any other digital transmission method.

  
  

Exceptions:

• Books, pamphlets, magazines, and images that are produced for educational or religious purposes are not prohibited by section 67A of the IT Act. 

• Therefore, the clause does not forbid the preservation of historically significant sculptures.

  
  

Cyber Pornography: Landmark Judgments

• In the Avinash Bajaj v. State N.C.T. of Delhi case, a user named Ravi Raj, an IIT Kharagpur student, posted an explicit video called "DSP Girls having fun" on the website bazee.com. Around 8:30 p.m. on November 27, 2004, the MMS was uploaded to the website; it was taken down at around 10 a.m. on November 29, 2004. It was held that the CEO of bazee.com was granted bail and released only after providing two securities totalling ₹1,00,000. Additionally, the accused was told not to leave India without the court's approval. He was also instructed to take part in and support the collaboration.

  
  

• In the State of Tamil Nadu v. Suhas Katti case, although the victim married someone else, the accused, a family friend of the victim, was eager to marry her. The marriage of the victim did not last for so long and as well as ended in divorce at the end. The victim rejected to have any kind communication from the accused when the accused attempted to reach her again. Subsequently, the accused began bothering and harassing the victim with various emails. The accused finally was awarded a strict 2-year prison sentence and as well as a ₹4,000 fine according to Section 67 of the IT Act, 2000 after the court found them finally guilty of the offense.    

  
  

Because of the natural progression of our nation, we are unable to embrace such rigid ideals and disregard for our personal freedom of choice. As a result, non-consensual pornography in all its manifestations, particularly on the internet, must be outlawed by the Indian people. By establishing a balance between upholding people's dignity and permitting some legitimate limitations on their freedom, we must likewise work to control any pornographic information that does not in any way endanger or impair the public order.

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