Crime is not new to the world it is as old as the human society with the
passage of time. The society has changed and so has the effect of crime with the
emergence of development in the new era of technology which came to be known as
cyber-crime. Internet has given a different dimension to the real world that the
life around us has become very simple. Everything is possible in the blink of
eye. But it excites the crime which gives more challenges to the growth of
internet.
Any criminal activity which takes place by the medium of internet is come under
the purview of cybercrime. Internet has made surfing and uploading so simple
that one can send and receive any type of video or clips from India while
sitting in any country. As all pros consist cons, one can also become insolvent
by clicking on a link. Pornography is the most prevailed crime in the modern
society. People must aware about their rights and legal provisions related to
cyber pornography.
Cyber Pornography:
The term "Cyber pornography" means , anything or a content of a book , magazine
, internet , films etc describes or showcase the sexual things in manner to
attract human excitement. A pornography may be better understand in a simple
manner that , a man and women are doing act like an playboy or playgirl to
attract peoples and especially adults sexual emotions with the help of internet
, thats why it is named as "cyber pornography".
According to survey there are millions of website which is containing online
sexual content for demonstration and to attract general public to indulge in it.
The online pornography is becoming business also to earn money by selling nude
videos and pictures. Even now a days a film starts also started to click there
naked base pictures and videos and print media as well as social media upload it
to engage more people of our society.
Effects of Cyber Pornography
- The peoples faces hormonal imbalance when they are caught with porn
addiction.
- The person addicted towards porn content may result in change its own
behavior and attitude towards others.
- Sometimes it may lead to distraction towards studies when students are
engage in this and they also get an problem of remembering anything.
- Porn content may lead to high addiction once any person get engage over
it.
- Many types of internal and external diseases take place for long time.
- It may also lead to prostitution as well as adultery.
- Addiction to pornography or previous experience may lead deception in
marriages.
Indian Legal Framework
According to Information Technology Act, 2000 , the provision for cyber or child
pornography is to restrict the production of pornographic content on any website
and social media, but the contradiction is that it allow us to download the
pornographic content if it is not a child pornography.
According to section 67 of Information Technology Act, 2000 it states that there
must be an punishment for transmitting and publishing the obscene material in
electronic or in any virtual form. It clearly mentioned that , whoever make
publishing or transmit any pornographic material on internet , he or she may be
liable for imprisonment upto three years and a fine upto five lakhs rupees. The
term publication means anything which we are uploading on internet either its
social media or any website where other party can access to that content.
According to Section 67A of the act , Those whoever indulged in the activity of
transmitting and publishing any sexual material in any form, punished with-
[First time conviction:- Jail extend to five years & Fine upto ten lakh Rs.]
[Second time conviction:- Jail extend to seven years & Fine extent to 10 lakh Rs.]
Illustration :- Annie and Arav were engaged in the sexual intercourse in there
private hotel room. Where the owner of hotel i.e Amar puts the cctv camera
hidden in the rooms of hotel. Afterwards he saves the recording in his device.
So therefore he is liable for either description. There is some exceptions for
this section is when the person store information with bona fide intention and
used for the purpose of science, literature, art, learning, etc.
Section 67B:
Child pornography The person who is below the age of 18 years is
called child and those who transmits or publishes any sexual content in virtual
mean which results in engaging children in following way - 1. Children engaged
in sexually explicit act or any conduct 2. Obscene or indecent Materials related
to child 3. Induces children to do relationship with other children 4. Abusing
children online 5. Abuse the child with sexual activity via online Punishment- [
First time - Jail upto three years & Fine : ten lakh Rs.] [ Second time - Jail
upto seven years & Fine: upto ten lakh Rs.]
Some provisions under Indian Penal Code, 1860 : According to section 292, the
obscenity means an disgusting act which is not acceptable by the society. The
newspaper , book , pamphlet which contains the obscene material and in the
nature of expressing the open sexual desire, those who distribute , sale , hire
shall be for conviction of two year imprisonment and also with fine , with
respect to this section if accused again committed the same offence second time
then he shall be liable for five years and fine.
According to section 293, sale the obscene material or hire or distribute those
material which expressing the interest in sexual matters below the age of 20
years. [ First time conviction : three years jail and 2000 rs fine]. [Second
time conviction: seven years jail and 5000 rs fine].
Some provisions in POCSO Act, 2012 was enacted to prevent the children who is
below 18 years of age from sexual offence covered under the act. This act
protects the children from any sexual assaults , harassment with child and child
pornography. The aim is to save the child from various offences related to
sexuality and pornography. According to section 13 of the act it defines the
offence in which the one child indulged in the sexual activity with other child
and the person who uses this activity in the electronic media is liable for
punishment.
According to section 14 it defines the punishment for children pornography and
their related content.
According to section 15 , when the person stores any pornography of child in any
form is used to give punishment of three years or fine or both.
Conclusion
In the present era the internet has increased the pornographic content. There
are many legal provisions related to child pornography which prohibits and
restrict to publish on any media , If anyone is seeing normal pornographic
content he is not liable for child pornography until and unless the content
include any child. Minor children are accessing the pornographic content due to
usage of internet world wide . The main role is of parents to prevent thier
childrens from using internet and also view the surfing activities what things
they are are watching and exploring in virtual world.
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