Neeraj Singh Manhas
Cyber pornography is a global problem. In reaction to the judgement of the Uttarakhand High Court, the administration has blocked 827 pornographic websites. Individuals, particularly teenagers, are so addicted to cyberporn that they utilise VPN, DNS Server Change, or Opera Mini, which contains built-in VPN activation.
Can someone be prosecuted for looking at porn on a forbidden website? Can providers of services be held responsible for pornographic content? Can regulations curb cyberporn?
Pornography
The study of how chemicals influence human health is known as toxicology. “Porne” and “graphos” are both Greek words that imply “writing about” and “description of.” Pornography is legally referred to as obscenity. Pornographic content is defined as any video, image, or film that portrays deplorable sexually explicit behaviour.
As a result, live events such as sex shows and striptease are excluded from the definition of pornography. Pornography is commonly justified as an artistic expression of one’s body, while others argue it is immoral and violates religious values.
In recent years, there has been a shift in pornography. Pornography is presently classified as either softcore or hardcore. The main distinction between softcore & hardcore pornography is now that hardcore pornography displays penetration while softcore does not.
Pornography on the internet
Pornography that has been published, disseminated, or developed via the internet. Technology has both advantages and disadvantages, and internet pornography is one of them. People can now watch thousands of pornographic films on their phones or computers, and even submit their own, thanks to the ease of access to the internet.
Legal Framework
It is controlled by the Information Technology Act of 2000, Indian Penal Code, Indecent Terms of Women Act, and Young Persons (Harmful Publication) Act. The online pornography restrictions under these laws are explored in further detail below:
Information Technology Act, 2000
Many nations outlaw cyberpornography, while some allow it. The IT Act of 2000 neither bans nor legalises cyber pornography. In India, internet pornography is governed under the The Indecent Terms of Women Act, the Indian Penal Code, and the Young Persons (Harmful Publication) Act. Here are the legislation’s internet pornography bans:
A violation of Section 67 of an Information Technology Act of 2000 is punished by 3 years imprisonment and a 5 lakh fine
* Publication – Posting sexual content to a website, WhatsApp group, or other social media platform.
* Transmission -Sending obscene content to anybody electronically.
* Causing anything to be publicised or communicated -It is a broad phrase that might be used to hold accountable the intermediate gateway used by the criminal to post or transmit obscene information. The Information Technology Act’s Intermediary Guidelines require an Intermediary/Service Provider to take reasonable steps to prevent misuse of their portal.
Any content involving sexually explicit act or behaviour that is published, conveyed, or induced to be published is punishable by up to 5 years in prison and a fine of up to Rs. 10 lakh under Section 67 A of the IT Act.
With this knowledge, we may draw the following conclusions:
a) Cyber pornography is legal in India. It is not unlawful to download and watch such content.
b) Online pornography is a crime.
c) Storing cyber pornographic material is legal.
d) Transmission of cyber pornography by instant chat, email, or other digital means is illegal.
Indian Penal Code, 1860
Section 292 of the IPC makes obscene content unlawful (a). Obscenity is defined in Section 292(1), and the punishment for selling, distributing, or disseminating obscene products is defined in Section 292(2).
Obscene content is defined in Section 292(1) as being lustful or prurient, or having the potential to corrupt or try to rid the people.
292 (2) defines a person as someone who:
(a) Offers, sells, promotes, hires, exhibits, or distributes obscene content.
(b) Imports or exports obscene material for sale, allocation, or circulation.
(c) Is implicated in or benefits from any firm where he knows or has reasonable grounds for believing that such obscene products are being used for the above-mentioned reasons.
(d) Encourages the distribution of obscene content.
(e) Offers or attempts to conduct any unlawful act under this section.
Section 293 of the Indian Penal Code of 1860 penalises anybody who distributes, hires, or distributes an obscene material to a juvenile. The first conviction has a potential penalty of three years in jail and a fine of $5,000, while successive convictions have a max penalty of seven years in prison and a fine of $5,000.
POSCO (The Protection of Children from Sexual Offences) Act, 2012 safeguards the rights and well-being of children. For the purpose of the statute, everyone under the age of eighteen is considered a kid. The Act is not sexist in any way.
Sections of the POCSO Act dealing with cyber pornography include:
Minor pornography is defined as the use of a kid in any kind of media for sexual gratification in Section 13.
Using a juvenile for pornographic purposes is punishable under Section 14 of a POCSO Act, 2012.Storage of pornography involving minors is illegal under Section 15 of a POCSO Act, 2012, by up to three years in prison, a fine, or both.
Why is it so difficult to regulate cyber pornography?
Regulating Cyber Pornography isn’t simple. Regulating Cyber Pornography is tough. Among the causes are:
(a) The Internet is a worldwide computer network. In short, no single institution controls the Internet’s content.
(b) Proxy servers can be used to view pornographic information online. Using proxy servers, people may access blocked websites.
(c) There are a lot of pornographic servers on the internet. Regulating so many servers is tough.
(d) Adult websites don’t have all the porn. If a website is prohibited, users can utilise Bit-Torrent technology to obtain pornographic content.
Suggestions for Cyber Pornography Regulation
(a) Top-level Domains geared at adults
It is possible that utilising top-level domains (TLDs) to block internet pornography would be successful. In an IP address, that’s the TLD that comes after the dot. The TLD of “yahoo.com” is “com,” but in “wikipedia.org,” the TLD is “org.” Because the Internet was first utilised for military purposes, it only had a limited number of devices connected to it, each of which was identified by an IPaddress.
The demand for a new system based on a hierarchical database structure developed as computers and internet users proliferated. This database has two levels: top-level and second-level. Their domain is top.
It’d be easier to verify pornographic material if service providers required registrants to use only the domain name of the website. The top-level domains (TLDs) “.xxx” and “.sex” are designated for pornographic websites. This will aid with pornographic screening because the software will just need to filter TLPs rather than keywords.
(a) Credit Card Verification
Age verification using a credit card is possible. Operators may ask for an ATM/credit bank card to verify the viewer’s age.
(b) Parental Control
Parental control of what minors may access online is another efficient way to limit pornographic information. This approach employs software that blocks webpages containing particular keywords. Such software can help parents block specific websites.
(c) Issuing Digital Certificates
Digital Certificates are another efficient way to restrict internet pornography. Digital certificates are stored on the user’s hard disc and contain personal information such as age. The portal will automatically validate the user’s information and will only accept users above the age of 18.
Conclusion
The internet has raised the threat of cyberpornography. While some laws restrict the publication and distribution of cyber pornography, watching it is allowed unless it is child pornography. Any unauthorised publication made by users is the responsibility of intermediaries unless they were negligent and aided cybercriminals.
The government’s major issue is regulating internet pornography efficiently. The Internet allows minors easy access to sexual content. The most effective way to combat cyber pornography is for the state to educate people on social maturity, and then let them decide what they want to view.Parents must monitor their children’s online activity, educate them, and befriend them.
(The author is a Doctoral Scholar)
Follow our WhatsApp channel
