Obscenity in Cyberspace: response of Indian Cyber Law Dr

South Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858 :SJIF 2.246:Volume 2 Issue 2

Obscenity in Cyberspace: response of Indian Cyber Law

Dr. Shashikant Hajare

1

Mr. Ashok Wadje

2

Introduction:

Cyberspace, driven by Information Technology world, has profoundly changed lives of masses, bringing out immense transformation in the living style of the people. The term “Cyberspace” is coined to mean and include the whole gamut of Information Technology in general and

Computers and network of computers i.e. internet.The Internet, as one of the crucial facets of

Cyberspace, has often been condemned over the availability of pornography. The growth of the

Internet has created an entirely new medium for the dissemination of messages, images, and pictures including pornographic ones. Not only has the content been criticized, but also its nature of being easily available for users of all ages. The worldwide nature of such material as well as the ability to download images makes the system virtually impossible to censor.

Cyberspace- prone to porn:

The Internet has enabled new forms of human interactions through instant messaging, Internet forums, and social networking. These digital extensions give the ordinary user extraordinary capabilities. But these extensions also enable the carrying out of illegal activities. The worldwide nature of such material as well as the ability to download images makes the system virtually impossible to censor.

Traditional mediums of obscenity included films, prints and text books, public andprivate shows and circulation of material, etc., which are comparatively easier to regulate when compared to electronic mediums such as picture, short animated movies, sound files and videos. Moreover internet also makes it possible to discuss Sex (literature, queries, consultations, chat groups, etc.), see live sex video footage, etc.

Conceptual framework of “Obscenity”:

1

Associate Professor, Symbiosis Law School, Pune. Email ID: shashi.gurpur@gmail.com

2

Assistant Professor at National Law University, Jodhpur (NLU-J) Email: ashokwadje@gmail.com

Universal Multidisciplinary Research Institute Pvt Ltd


It is very difficult to define the term ‘obscenity’ or ‘pornography’ and thereby to regulate it.

Ideological and cultural differences are the main factors behind this lack of uniformity along with the problem of identification. Thus the objective here is to identify a definition of obscenity that preserves the power of legislature to uphold public welfare without impeding a citizen’s right to freedom of speech and expression.Even though the word ‘obscene’ is not defined in the

Indian Penal Code, 1860 (IPC), it does talk about selling of obscene material, distribution, etc. as an offence.The courts have also had an occasion to distinguish obscenity from art and literature stating that it is necessary to decide whether the obscene information is lascivious and may deprave minds who find pleasure in such things.

Moving further, even though the Information Technology Act, 2000 (IT Act) has not provided any definition of the term ‘obscenity’, it makes certain acts,

3

in relation to obscenity in electronic form, as punishable. The only difference is that IT Act, 2000 regulates obscenity on electronic format. If one observes abovementioned provisions i.e. Section 292 of Indian Penal Code, 1860 and Section 67 of IT Act, 2000, the criterion given for purpose of identifying an obscene content or material which is to be regulated and punished can be determined

In this context it is also pertinent to refer Section 2 (c) of the Indecent Representation of Women

(Prohibition) Act, 1986 defines “indecent representation” as:

"Indecent representation of women" means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals.”

4

Thus, aforementioned provisions and criterion provided herein are the guidelines given by legislature to judiciary and enforcement machinery to identify and prohibit obscenity, online or offline. What is lacking is uniformity and common definition in order to recognize what amounts to an obscene content, work or material in a given case.

3

Information Technology Act, Section 67 (2000), Whoever publishes or transmits or causes to be published or

4 transmitted in the electronic form.

Indecent Representation of Women (Prohibition) Act, Section 2 (c) (1986).



Judicial take on obscenity:

U.S. Supreme Court in Miller vs. California

5 set out a test for obscenity, which deems a work obscene if:

The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest.

Under Common Law, for the first time in R. vs. Hicklin,

6

court supplied with test of obscenity. It has provided by Lord Cockburn that:

“Whether the tendency of the material charged as obscene is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall…”

In a landmark judgment, decided by Bombay High Court in RanjitUdeshi and Ors. Vs. The

State,

7 a test has been laid down to identify what material, work or content shall amount to being obscene by interpreting the word “obscene” as that, which is “offensive to modesty or decency, lewd, filthy and repulsive.”

Further in ChandrakantKalyandasKakodkarvs. State of Maharashtra

8

the Supreme Court held:

“What is obscenity has not been defined either in section 292 of IPC or in any of the statutes prohibiting and penalizing, mailing importing, exporting, publishing and selling of obscene matters. It is the duty of court to consider the obscene passages are so likely to deprave and corrupt those whose minds are open to influences of this sort and into whose hands the book is likely to fall and in doing so one must not overlook the influence of the book on the social morality of our contemporary society”.

5

413 US 15 1973.

6

1868 LR 3 QB 360,371.

7

AIR 1962 Bom 268.

8

AIR 1970 SC 1390.



Moreover, the Supreme Court in Samaresh Bose vs. AmalMitra

9

has wisely noted that, “The concept of obscenity would differ from country to country depending on the standards of morals of contemporary society.”

Recognizing loopholes in the ‘likely audience’ test laid down in Chandra Kant Kalyan case,

10 the Supreme Court in Ajay Goswamivs. Union of India

11

opined that earlier test of a

‘community based standard’ has become redundant in the present age of technology while holding that prohibition on selling or publishing obscene material is a reasonable restriction imposed on the freedom of speech and expression provided under Article 19 of the Constitution of India. This judgment evolved a “Responsible Reader Test” which was appreciated and recognized as the best one by the legal luminaries in the area of Cyber and Criminal law, since the approach of court in this case was logical as internet has diminished all geographical boundaries and community standards are rapidly becoming global rather than territory specific.

12

On examining available literature on the matter, it was seen that some authors have meticulously explained this very act/term of ‘Cyber obscenity’ by providing some illustrations. Accordingly, it is mentioned that, what is considered simply sexually explicit but not obscene in USA may well be considered obscene in India.

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Obscenity in electronic form& Information Technology Act, 2000/2008:

As discussed earlier, obscenity on the Internet is available in different formats, which is why in order to cover “online obscenity” the IT Act has incorporated code of obscenity in Section 67 as well as in subsequent amendments. So by virtue of this Section any person who creates and maintains pornographic websites is committing an offence and in some cases cyber café owners and managers may also be liable if they knowingly allow their customers to access pornographic

9

(1985) 4 SCC 289.

10

AIR 1970 SC 1390.

11

(2007) 1 SCC 143.

12

KARNIKA SETH, COMPUTERS, INTERNET AND NEW TECHNOLOGY LAWS, 382 (1 st

ed., 2012).

13

ROHAS NAGPAL, COMMENTARY ON INFORMATION TECHNOLOGY ACT (273& 274).


South Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858 :SJIF 2.246:Volume 2 Issue 2 websites.

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There is still a problem of ascertaining guilt as most of the pornographic websites are hosted in countries where cyber pornography and cyber space donot have a resolute ambit.

A plain reading of the relevant section of IT Act reveals that “obscenity on internet or in electronic form” following three elements:

 acts which publishes transmits, causes to be published

 “any material”, video files, audio files, text files, images, animations and even CDs, Web sites, Computer, Cell Phones etc.

 which is lascivious, appeals to prurient interest, and tends to deprave or corrupt of minds of the persons.

IT Act after certain amendments in 2008

15 covers all aspects of offences related to cyber obscenity and provides punishment for:

 Violation of privacy (coupled with cyber obscenity)

 Publishing or Transmitting obscene material in electronic form

 Publishing or transmitting of material containing sexually explicit act, etc. in electronic form (Section 67 A)

 Child pornography (Section 67 B).

Section 67 of the old Act is amended to reduce the term of imprisonment for publishing or transmitting obscene material in electronic form to 3 years from 5 years and increase the fine thereof from Indian Rs.100, 000 to Indian Rs.500, 000.

Let us now discuss the gist of Section 67 and its extended version

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of ‘code of obscenity’ as amended by Information Technology (Amendment) Act, 2008/2009. ‘Code of obscenity’ in

Information Technology Act as discussed above, basically, reflected in its four forms. Those are:

 Obscenity in electronic form with respect to any material, or object.

14

ROHAS NAGPAL, “INTRODUCTION TO CYBER CRIME: INVESTIGATION” 40, (1 st

15

Information Technology (Amendment) Act, 2008.

16

As opposed to original version of obscenity in the Information Technology Act, 2000.

ed., 2009).



 Obscenity in electronic form with respect to any act or conduct

 Obscenity in electronic form featuring or portraying child

17

therein

For the more efficient reading and understanding of the ‘Code of obscenity’ as featured in the

Information Technology Act, 2000, let us now unleash the ingredients of the provisions in

Information Technology Act, in this context:

Section 67

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:

Element of offence: Mere publication of any ‘material’ amounts to impugned act under this provision. ‘Publication’ here stands for making available to the public at large in the specified modes as envisaged by Information Technology Act. “Publication” as defined by the Wharton’s

Law Lexicon

19

, is “the act of publishing anything ; offering it to the public notice, or rending it accessible to public scrutiny”. The word “publish” has not been defined under the Act. However, the Supreme Court held in the case of Bennett Coleman & Co. v. Union of India

20

that publish means “dissemination and circulation”.

In the context of Information Technology Act, this does mean making available to the public at large through certain specified mediums in virtual world driven by internet. Those could be:

 Social Networking sites;

 Emails or email services;

 Blogs

 Websites or contents on website.

These are the major areas with the help of which or through which obscene content can be published.

Wrong or act: Transmission, Publication or causes to be transmitted or published

17

In this context as per Explanation added to Section 67B of Information Technology Act, 2000, “Children” means a person who has not completed age of 18 years.

18

19

Information Technology Act, 2000/2008

Universal Law Publishing Co., 15

20

AIR 1986 Bom 321 th

Ed., 2009, at page1394



Condition: Impugned object or material must be obscene or must qualify test of being termed as obscene one.

Tool or Subject-matter: It must be in “electronic form”

21

. Transmission or publication of such material is possible by or with the help of Computer, Communication Device or any other

Electronic Device through which electronic communication is possible, including Mobile Phones or Hand-held phone or Cellular phones which falls in the definition of either ‘computer’ or

‘communication device’.

Test to be satisfied u/Section 67: The provision which prescribes a test to be satisfied, in order to prosecute or level charges against or in order to convict an accused, is that the material must be 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..”

This is test is the reiteration of previous judicial decisions delivered on the basis of Section 292 of the Indian Penal Code (as discussed above) and also the criteria or test given in Section 292 of

Indian Penal Code itself. Abovementioned test is also based on some international authorities discussed above, wherein Judiciary tried to spell out what amounts to obscenity in general.

Punishment: Under this provision if any person found to be guilty, then he/she shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend ton ten lakh rupees.

Section 67A

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: Material containing sexually explicit ‘act’ or ‘conduct’

Element of an offence: Mere publication or transmission.

21

Section 2 (r) defines “Electronic form” as any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device.

22

Inserted by Information Technology (Amendment) Act, 2008



Wrong/s or act/s prohibited: Publication or transmission or causing to publish or transmit in electronic form any material which contains sexually explicit act or conduct.

Now it is in this context one can make distinction between ‘obscenity’ and ‘pornography’.

Section 67A by incorporating words ‘Sexually act or conduct’ contemplated mischiefs of

‘Pornography’ which can be found in sexually explicit act or conduct. The Oxford Dictionary

23 defines ‘Pornography’ as “printed or visual material containing explicit description or display of sexual organs or activity intended to stimulate sexual excitement”.

So one thing is clear here that in order to identify pornographic material or act or conduct in electronic form, one need to pass the test of ‘obscenity’. Impugned wrong defined under Section 67A, per se is an offence or wrong unlike Section 67 wherein it is necessary to pass the test of ‘material’ being called as

‘obscene one’. The only requirement under Section 67A is, the material or act or conduct, has to be sexually explicit and as such it must entice sexual excitement. Further Law Lexicon

24

defines

‘Pornography’ as: “material that depicts erotic behavior and is intended to cause sexual excitement.” So here two conditions are vital: 1) Material must feature ‘behavior’ or ‘act’ or

‘conduct’ and 2) it must intended to cause sexual excitement. Pornography is, therefore, more aggravated form of Obscenity, common in both being the quality of offending public decency and morality.

Condition: Any material (in electronic form) must be ‘sexually explicit act or conduct’.

Tools or Subject matter: It must be in “electronic form

25

”. Transmission or publication of such material is possible by or with the help of Computer, Communication Device or any other



23

Oxford Dictionary, http://www.oxforddictionaries.com/definition/english/pornography . Last visited on June 18,

2014 at 02:54 pm.

24

25

Advanced Law Lexicon, LexisNexis Butterworths, Book 03, at page 3634




Punishment: Under this provision if any person found to be guilty, then he/she shall be punished on first conviction with imprisonment of either description for a term which may extent to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Section 67B

26

: Material depicting children in sexually explicit act, etc.

Element of an offence: Mere publication or transmission along with strict liability for certain acts prescribed by the provision.

Wrong/s or act/s prohibited:

 Publication or transmission or causing to publish or transmit in electronic form any material which depict children engaged in sexually explicit act or conduct.

 Creation of any text or digital images of in electronic form depicting children in obscene or indecent or sexually explicit manner;

 Whoever collects or seeks or browses, downloads, advertises, promotes, exchanges or distributes material in electronic form depicting children in obscene or indecent or sexually explicit manner;

 Whoever cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource;

 Whoever facilitates abusing children online,

 Whoever records in any electronic form own abuse or that of others pertaining to sexually explicit act with children.

Now, after having seen the acts or wrongs given in the provision, one may understand the expanded horizon of this provision which penalizes above mentioned acts, electronic form pertaining to or depicting children in any of the above mentioned acts, in the form of :

26

Inserted by Information Technology (Amendment) Act, 2008



 Obscene or indecent manner

27

or

 Sexually explicit act or conduct

28

When it comes to Section 67B of Information Technology Act, 2000, legislature has taken a special care of online abuse of child in the Cyberspace which is so rampant & easy owing to certain advantages of Information Technology. Along with publication or transmission of impugned material, now, as per Information Technology Act, 2000, even ‘browsing’ and

‘downloading’ of material depicting or containing child in an obscene or indecent manner or in sexually explicit act or conduct is now an offence with severe punishment. ‘Child pornography’, is now a part and parcel of ‘Code of obscenity’ reflected in the Information Technology Act,

2000, through various wrongs. But then, despite having such an outstanding arrangement dealing with child pornography, child pornography is rampant and is being committed online with very ease and with far reaching implications. It is becoming very difficult to put any restriction or ban on such websites through which such material can be viewed, circulated, distributed and accessed by everyone, owing borderless nature of technology. Most of the pornographic websites depicting child is being hosted in foreign countries, making it difficult for Indian Authorities to tackle, track and put restrictions on those websites and it is equally difficult to ban or filter pornographic websites as they keep on changing their names, domain address, hosting platform from time to time making it difficult to filter or to block using technical tools known to

Information Technology.

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Condition: Sexually explicit act or conduct or obscene or indecent act, material, object, image or document.

Tools or Subject matter: It must be in “electronic form

30

”. Transmission or publication of such material is possible by or with the help of Computer, Communication Device or any other

27

This wrong or act is a part of Section 67 of Information Technology Act, 2000

28

This wrong or act is a part of Section 67A of Information Technology Act, 2000

29

Press Statement on ‘Child pornography on internet’, Ministry of Communication and Information Technology,

Government of India. http://pib.nic.in/newsite/erelease.aspx?relid=74481 . Last updated on June 19, 2014, at 12:30 pm

30






Punishment: Any such person who is convicted under this provision, 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 ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

Well, there is one exception added to Section 67, 67A and 67B, which does not apply to or extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interests of science, literature, art or learning or other objects of general concern or which is kept or used for bona fide heritage or religious purposes. This proviso which is added to

‘code of obscenity’ under Information Technology Act, is aims to secure and protect freedom of speech and expression guaranteed by Constitution of India under Article 19 (1) (a).

In the context of I.T. Act, 2000, there have been famous trials and prosecutions before the court of law, and courts have had an occasion to deal with the aspects of cyber obscenity in order to widen its ambit. In the judgment delivered in Avinash Bajaj vs. State of Delhi

31

the Delhi High court had an occasion to deal with an MMS clip which was listed on Bazee.com for sale through the website. The question in this case, for the purpose of Section 67, was, whether the website caused the publication of obscene material. There was a difficulty to book accused under IPC since Section 292 does not deal with the electronic obscenity. Delhi High Court finally, ordered that while the case against the petitioner for the offences under Sections 292 and 294 IPC maybe quashed, his prosecution for the offence under Section 67 read with Section 85, IT Act will continue.

32

Held in this case that impugned website has prima facie caused publication of

31

2005 DRJ 576.

32

INDIAN KANOON., http://www.indiankanoon.org/doc/309722/ (Last updated December28, 2011).


South Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858 :SJIF 2.246:Volume 2 Issue 2 obscene material. Moreover, in M. Saravanan& Dr. L. Prakash&Ors. V. State

33

a doctor photographed and video recorded several women engaging in obscene activities that he distributed through internet to make illegal money and the petitioner was prosecuted under

Section 67 of I.T. Act, 2000.

Code of cyber obscenity reflected under Section 67 and in the subsequent amended provisions contains two crucial words: ‘publication’ & ‘transmission’ of obscene information or material in electronic form. These two words has to be looked from the perspective of ‘extra-territorial’ jurisdiction and Internet technologies, keeping in view that ‘obscenity’ is no longer a local and static phenomenon and that while interpreting Section 67, the court also has to take in to consideration the interest of our ‘contemporary society’ and particularly the influence of the obscene material in electronic form on it. Any particular work in the form of obscene material containing special skills should not be misjudged under the guise of ‘contemporary standards’ so that discourse in art, labour and skilled work is not discouraged. A proper balance has to be made out in identifying an electronic obscenity.

Menace of ‘Child pornography’ in Cyberspace:

Child abuse in the form of child pornography is a burning and emerging issue in the cyber regulations and requires stringent legal treatment. As discussed above ‘Child pornography’ is banned through different acts covered within the ambit of Section 67B of Information

Technology Act, 2000. It is also an offence under Section 292 of Indian Penal Code, 1860. Those activities are- creating text, digital images, collecting seeking browsing, downloading, advertising, promoting, exchanging or distributing child pornographic material depicting children in obscene manner is banned by the said provision. Also any person who entices the children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resources or abuses children on the internet or records electronically won abuse or that of others pertaining to sexual explicit act with children is punishable under the Act. Since the inception of Information Technology Act, 2000 along with its amended version of Act of 2008,

33

MANU/TN/8296/2006 Available at: http://www.manupatrafast.in/pers/Personalized.aspx

. Last updated on June

19, 2014, at 1:56 pm


South Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858 :SJIF 2.246:Volume 2 Issue 2 there have many instances of child pornography prosecutions. Child pornography is gaining popularity due to availability of cheap material from all over the world. Article 9 of Cyber Crime

Convention provides punishment for child pornography. It runs as under:

“whoever commits intentionally and without right the following conduct producing child pornography for the purpose of its distribution through a computer system; offering or making available child pornography through a computer system; Distributing or transmitting child pornography through computer system; producing child pornography through a computer system; possessing child pornography in a computer system or on a computer data storage medium.”

The term “Child pornography” is also defined in the Convention in the same Article 9 which shall include- pornographic material that visually depicts: a minor engaged in sexually explicit conduct and a person appearing to be a minor engaged in sexually explicit conduct.”

Information Technology Act, 2000 of India as discussed above runs a similar provision prescribing prohibition for certain acts as given in the Cyber Crime Convention

34

. But unfortunately, India is not party to such a crucial Convention which deals with the offences or cyber wrongs which are universal and which defies physical boundaries or jurisdiction of countries

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. As discussed above, most of the websites depicting child pornography and its contents, which can be viewed, downloaded or distributed and can be located in India, are beyond the reach of Enforcement machinery since these kind of offences creates cross-border issues making it difficult to extradite and prosecute accused, to exercise Indian jurisdiction and also to ban or block those websites or contents in the website depicting child pornography. In the wake of such state of affair of child pornography, despite having stringent provisions like

Section 67B, it would be difficult to track, tackle, and block such contents depicting child pornography, internationally. In such a scenario, it is high time now that India must sign and

34

Total number of Countries signed: 11 and total number of countries ratified:42 http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=&DF=&CL=ENG. Last updated on June

19, 2014, at 2:36 pm.

35

Data available at: http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=&DF=&CL=ENG .

Last updated on June 19, 2014, at 2:37 pm


South Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858 :SJIF 2.246:Volume 2 Issue 2 ratify ‘Cyber Crime Convention’ so as to tackle global nature offences like child pornography.

Moreover, talking about “extradition” process which is of immense importance in any crime involving international element is addressed in a meticulous manner so as to extradite

Cybercrime Criminals. Article 24 of the Convention on Cyber Crime focuses on the same thing and makes offences defined, provided they are defined as an offence in the both the countries who are party to the convention. Article 24 is indeed a remarkable step towards an international cooperation in global nature offences like ‘Cybercrimes’ which knows no territory and defies territorial boundaries.

Sexual abuse of child on internet, as per the reports of INTERPOL

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, is on rise owing to rapid abuse of Information Technology. According to the report on ‘Crime against Children’

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, the spread of internet and technology has led to a huge rise in offending. Offenders can distribute and access child abuse material more easily and can have direct contact with children.

The Bombay High Court Committee on Protecting Children from Online Pornography, suggested following recommendations in their Report

38

on Protecting Children from Online

Pornography:

 Blocking of sites;

 Preventing minors from accessing unsuitable material from Cyber Cafes;

 Preventing the publication or propagation of pornography from Cyber Cafes.

Conclusion:

36

International Criminal Police Organization

37

Available at: file:///C:/Users/dell/Downloads/Factsheets_EN_oct2013_THB03%20web.pdf

, Last updated on June

19, 2014 at 03:22 pm

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DEVASHIS BHARUKA, AJIT JOY, Computer Crimes, in LEGAL DIMENSIONS OF CYBERSPACE238 (S.K.

VERMA, RAMAN MITTAL ed., 2004).



To conclude, following findings can be observed through the process of this current discourse:

 The word “obscene” is very wide in its ambit and whatever is ‘vulgar’ and ‘indecent’ should not be construed as such. This is also a global and dynamic phenomenon and cannot be relegated to being local and static. In identifying ‘Obscenity’ over internet or cyberspace or on electronic medium, test to be resorted should be the same although manner of investigation and way of prosecution could be different.

 The World Wide Web and Internet is a very complex network and is vulnerable to several illegal activities. In the wake of different electronic instruments having potential to be used as ‘Computer’ more threats and challenges are being thrown before the Law.

The IRW Act, 1986 and the provisions of IPC, 1860 along with the IT Act of 2000/2008 are unable to deal with cyber obscenity, due to the difficulty in identifying obscene content on the Internet Recognition of obscenity in a so-called obscene material should not be at the cost of the art, literature and freedom of speech and expression. Blocking websites, regulating and providing checks & guidelines for intermediaries, (including

Internet Service Providers, Search Engines, Cyber Cafes or any other person or authority) preventing the publication of or propagation of pornography from certain forums would be the viable option to regulate the same.

 On a priority basis, the Enforcement Mechanism must get well-equipped, well informed and trained since they are the ones who are directly responsible for the prevention, detection, investigation and enforcement of prosecutions of or cases of Cybercrimes including that of Electronic/cyber obscenity or pornography.


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