Censure Child Pornography
Cyber pornography in India, under the Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited but not legalized either.
Under Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment upto 3 years and fine upto 5 lakhs:
Publication, including uploading on website or WhatsApp group; transmission including sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media; and causing to be published or transmitted.
While Sections 67 A and B insert penal provisions in respect of offenses of publishing or transmitting of material containing sexually explicit act and child pornography in electronic form, Section 67C deals with the obligation of an intermediary to preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe.
But "causing to be published or transmitted" is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the I.T. Act put an onus on the service Provider to exercise due diligence to ensure their portal is not being misused.
In the infamous Bazee.com case, the CEO Avinash Bajaj was arrested for an advertisement by a user to sell the DPS sex scandal video. The video was not uploaded on the portal, despite that Avinash was arrested under Section 67 of the Information Technology Act. It was subsequent to this case that the Intermediary guidelines were passed in 2011 whereby an Intermediary’s liability would be absolved if they exercised due diligence to ensure obscene content is not displayed on their portal.
There is one instance in which viewing Cyber pornography is punishable with imprisonment upto 5 years and fine upto 10 lakhs. Where the content contains children engaging with one another or with adults in sexually explicit acts.
Section 67B of information technology act punishes any act which includes involvement of a child in any sexual activity and sexually explicit act in the electronic platform
The act includes publication, transmission, creating text, digital images, collect, seeks, browse, download, advertise, promotes, exchange or distribute material which includes a child pornography or children in obscene or indecent manner is punishable, it includes enticing inducing any child to online relationship with one or more children for any sexually explicit act.
The Supreme court bench headed by CJI Dipak Misra has commented "Suggest ways and means so that these things are curbed. Innocent children can`t be made prey to this kind of painful situations. Nation can`t afford to carry on any experiment with its children in the name of liberty and freedom of speech,"
The government informed the court that they have blocked abouy 3500 child pornography sites and in process of developing a comprehensive mechanism to have an effective ban on such sites. It further instructed all internet service providers (ISPs) to block child porn websites, but ISPs shared their inability to completely eliminate such content as they find the government's directive as vague and un-implementable, as ISPs have no way or mechanism to filter out child pornographic from URLs and further unlimited sub links of the said URLs in different-different name.
India is also a member in International Convention on right of child and also ratified it on the optional protocol on the sale of children, child prostitution and child pornography but despite that there are still number of website which shows search child pornography.
Section 67B provide punishment for all three parties i.e. the person who create such type of videos or images; the person who collect, browse, download, share, exchange such type of material which is of seeing in nature and indecent or having sexually explicit act all ready to children; and the internet service provider or intermediaries, the entity which provides a platform, facilitating circulate such type of material.
Kids are the roots of nation by abusing them we are abusing nation. There is a urgency to strictly deal with the matter and to change the individual mindset.
Say No to child Pornography, Treat every child as it’s Yours
Dr. Ritu Gautam
Dr. Ritu Gautam
Reference
https://gautamritu.blogspot.com/2019/04/cyber-trolling.html?showComment=1554986944012&m=1#c390055914569777760
http://linkedin.com/in/dr-ritu-gautam-480311100
http://linkedin.com/in/dr-ritu-gautam-480311100
Gautamritu@outlook.com
Absolutely and banning porn in India was the best decision ever by honorable Supreme Court of India.
ReplyDeleteOnly banning it won't help need to focus on other areas as well, sex education should be provided to children at right age, so that we can save them from getting misguided.
ReplyDeleteWhen ever any problem arises, immediately we demand to make new law or amend the existing one, We are following this trends from last many years.
ReplyDeleteI think legislators and judiciary are doing their work perfectly but question arise are we as a citizen full filling our duties????Society need to work on unsaid ethical code of Conduct and self-binding approch.
You will be shocked to know that, even after banning so many sites, thousands are still functioning.
https://www.google.com/url?sa=i&source=web&cd=&ved=0ahUKEwiC7fv9l53iAhUh63MBHSf5DGEQzPwBCAM&url=https%3A%2F%2Fyourstory.com%2F2018%2F11%2Findia-ban-porn-sites&psig=AOvVaw3BG8WPo70tRf3GlzWWFXZZ&ust=1557997735675983
Internet is one of the best invention by humanity yet 73℅ of it is porn and on dark web which is much bigger in fact double in size than the normal internet almost everything is porn, and there are millions of videos and pictures of children getting sexually abused. it just show that the Intelligence has been missing in the society because if there is so much content it means there is far more audience for it, it's a very scary world we live in now.
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