Cyber pornography

Pornography

The word pornography is derived from two Greek roots, i.e. “Porne and graphos”. The word “porne” means prostitute, harlot or female captive, and the word “graphos” means “writing about” or “description of”. In a legal sense, Pornography means “obscenity”. Pornographic includes any video, pictures or movies that contain sexually explicit acts that are considered indecent by the public.

Cyber Pornography

Cyber Pornography means the publishing, distributing or designing pornography by using cyberspace. The technology has its pros and cons and cyber pornography is the result of the advancement of technology. With the easy availability of the Internet, people can now view thousands of porn on their mobile or laptops, they even have access to upload pornographic content online. 

Obscenity and Pornography

Obscenity and Pornography are often used synonymously. But it should be noted that obscenity is a wider concept than pornography. Obscenity means anything which is immoral and against the sentiments of people, whereas pornography refers to the act of causing sexual excitement through films, pictures or books. Thus, pornography is just a part of obscenity. 

Porn Content

• 30% of Internet content is porn. One can get abundant access to pornographic content on the dark web. Dark web even contains the child pornographic contents. It is worthy to note that only 10% of the total content is available on the surface web, the rest of the content is available on the dark work and the deep web.
• In the year 2005, there were more than 2 billion searches for porn.
• Almost 20% of the mobile phone searches are for porn.
• 28,258 users watch porn every second.
• 90% of boys and 60% of girls watch porn by the time they turn 18.

Porn Revenue

• The pornography industry is the fastest growing industry. It is estimated to be worth approximately $60 billion in the year 2007.
• The U.S. is the world leader in the pornography industry. It spends $12 billion on porn followed by Australia, which generates $1.5 billion revenue from porn sites.

Porn rise

• Easy access to the Internet has helped the people to view pornographic content without compromising their privacy and without disclosing their identity to anyone.
• It has removed the hurdles of the conventional form of pornography, where people used to buy the pornographic content in printed form, the people nowadays, can view the content without any fear of being caught by someone.
• Easy accessibility to sites that offer porn content for free. 

Effects of Pornography

Many surveys reveal that a person who is addicted to pornography has a change in attitude towards himself and his family.

• Pornography which is usually viewed in private often leads to deception in marriage and which may, later on, affect their family life.
• It may lead to adultery, prostitution and many unreal expectations that can result in dangerous promiscuous behaviour.
• Pornography may lead to addiction, escalation, desensitization and acting out sexually by one person.

Legal Framework

There are various legislations to regulate Cyber pornography in India, like the Information Technology Act, 2000, Indian Penal Code, Indecent Representation of Women’s act and Young Person’s (Harmful Publication) Act. The provisions related to cyber pornography under these acts are discussed below.

Information Technology Act, 2000

Cyber pornography is banned in many countries but legalized in some. Cyber Pornography is neither banned nor legalised under the IT Act, 2000. The IT Act prohibits the production and distribution of cyber pornography but does not prohibit the viewing or downloading of pornographic content if it is not child pornography.

Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment up to 3 years and a fine up to 5 lakhs:

1. Publication– It includes uploading of pornographic content on a website, WhatsApp group or any other digital portal where third parties can have access to such pornographic content.
2. Transmission– It means to send obscene material to any person electronically.
3. Causing to be published or transmitted– It is a comprehensive 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 Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure that their portal is not being misused.

Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published any material containing sexually explicit act or conduct punishable with imprisonment up to 5 years and a fine up to ₹10 lakhs.

Following conclusions can be made by understanding the above provisions:

1. Viewing Cyber pornography is legal in India. Merely downloading and viewing such content does not amount to an offence.
2. Publication of pornographic content online is illegal.
3. Storing Cyber pornographic content is not an offence.
4. Transmitting cyber pornography via instant messaging, emails or any other mode of digital transmission is an offence.

Exceptions

The section 67A of the IT Act does not prohibit books, pamphlets, magazines or pictures which are created for educational purposes or which are kept for religious purposes. Thus, the section does not prohibit the preservation of sculptures that are of historical importance.