In this era, when technology is turning this whole world into a global village
making the world witness a proliferation of cybercrime and the dissemination of
explicit content through the cyberspace, this paper dives deep into the complex
nature of cybercrime and cyber pornography, aiming to show how they are
connected and their global consequences having special focus on India.
Being
situated in the broader perspective of cybercrime this paper narrows down into
the dark secrets of the porn industry and studies about the global implications
of the industry. The study mainly deals with pornography, which with the growing
use of internet is spreading like wildfire, having its impact not only on the
societal values but also on the minds and lives of the individuals.
By
connecting the dots between cybercrime and cyber pornography in today's global
context, this paper intends to offer a complete grasp of these issues and how
they affect people, communities, and the world at large. With a goal to shine
light on these online problems so we can all understand them better, the paper
emphasizes the importance on creating rules to effectively handle these problems
and protect the digital world.
Introduction
In today's world, computers and the internet play a crucial role in lifestyle of
the people by acting as a mode of communication, knowledge, entertainment,
business, online shopping and what not. These offer many other benefits, and the
society relies on them to function effectively. The phenomena of globalization
as it is rightly said has made the world a global village and the cyberspace
plays a dominant role in it. Imagining a world today without it probably seems
impossible.
However, with the technological advancement opening up countless opportunities,
it has also given rise to some dark aspects of the digital world. Cybercrime and
cyber pornography represent two significant and urgent challenges in our
interconnected world. They transcend national borders and carry severe
consequences for individuals, businesses, and governments alike.
Cybercrime encompasses a wide spectrum of illegal activities conducted through
the internet or computers. It covers various actions, including hacking,
identity theft, fraudulent schemes, and online harassment. Cyber pornography, on
the other hand, involves the creation, sharing, or possession of explicit
content featuring minors.
The global nature of the internet exacerbates both cybercrime and cyber
pornography. Perpetrators can easily operate from anywhere on the planet,
targeting victims in different countries. This global reach makes it challenging
for law enforcement agencies to investigate the crimes and carrying on the trial
processes.
Cybercrime:
Technology, making our works easier they also make us susceptible to the
adversities of the cyber world. With various temptations and fears it makes us
fall into the traps of the Criminal world. the temptations and the fears may be
in any form that is moral, physical or economical. Falling into the traps, many
individuals become either victims to such crimes or they become criminals
themselves for some gains.
However, cybercrime lacks an exclusive definition yet a modest definition of
cybercrime would be "unlawful acts wherein the computer is either a technique or
a target or both" (Dutt et.al., 2013). Cybercrime is a broader term which
includes many offences under its ambit. Starting from financial crimes to bodily
crimes to property crime it includes everything under it. Just a difference
which can be marked is the involvement of cyberspace. These crimes know no
borders and can target anyone with an internet connection.
The impact of cybercrime is profound, causing financial loss, emotional distress, and even
putting our personal information at risk. It's a battle that governments,
organizations, and individuals must wage collectively to protect our digital
lives. In this paper the bodily crime of pornography over the cyberspace is
emphasized. Though pornography in itself is not a crime but it has certain
restricted forms which are considered crime.
Pornography
Pornography is such a word, which is not new to the society. However, it hints
at a concerning situation which we may not be aware or are being silent even if
aware. The term "pornography" comes from "porneia", the Greek word for
prostitute, and means "the writings of and about prostitutes". Defining the type
of material that qualifies as pornography is more difficult. It is a relative
term, subject to interpretation based on people's opinions.
While the idea of pornography can vary based on what's in it, in the legal
world, it's often referred to as "obscenity." Pornography usually includes
explicit videos, pictures, and sexual content that is indecent in nature. In the
past, pornography was limited in what it covered, but with the internet and
faster data, it expanded its reach and became more extensive.
Cyber Pornography
Advancements in technology have made it easier for obscene content to spread.
Nowadays, explicit material is easily found on the internet, making it very
accessible to everyone and usually for free. The term cyber pornography seems to
be self-explanatory and basically means the development, distribution and
propagation of pornographic acts over the cyber space (Samant, 2023).
Before the
internet, pornography was mostly found in books, art, and other traditional
forms. However, with the rise of the internet and cyberspace, cyber pornography
has become the dominant way people access and share explicit material. It's now
easily available online and have been widespread ever since.
This easy access has raised concerns because it can be seen by anyone, including
young people who shouldn't be exposed to such content. That's why there are laws
and efforts to regulate and control cyber pornography, to keep the internet a
safe place for everyone, especially children.
However, these laws seem to fail
in the present world and it's challenging to control because the internet is
vast and constantly changing. Some websites and individuals find ways to avoid
these regulations. This continues to be a concern because cyber pornography can
have negative effects on society, especially on young people.
Child Pornography
"Unfortunately, we've also seen a historic rise in the distribution of child
pornography, in the number of images being shared online, and in the level of
violence associated with child exploitation and sexual abuse crimes. Tragically,
the only place we've seen a decrease is in the age of victims. This is, quite
simply - unacceptable."
- Former Attorney General of United States Eric Holder Jr. at the National
Strategy Conference on Combating Child Exploitation in San Jose, California, May
19, 2011.
Pornography is not a new issue or challenge to any society or country but
however its growing distribution with the growth of cyber world is impacting the
society at large. Adding to that is the impact of the growing number of sexual
exploitation materials of children which directly or indirectly promotes child
sexual abuse and child trafficking. Though the other form of pornography which
have adults working in it are completely allowed or allowed with certain
restrictions in certain countries however most of the countries regulate and put
restriction on child pornography.
Numerous viewers are drawn into pornographic content, initially starting with
materials involving adults but gradually becoming desensitized. This leads them
to search for images and videos featuring progressively younger individuals,
with some eventually seeking content involving teenagers or even children
(Hawkins, 2020). The child porn sharing is going on increasing day by day as
internet is advancing in the number of users.
And there are very less chances
that once something is shared on internet it will be ever removed. It may be
brought down by the intervention of the authorities but at a later part it will
be again uploaded by some other users who have downloaded it previously. Popular
porn website like 'Pornhub' which works under the aegis of the Canada Government
facilitates such activities to make money out of it.
It garners a staggering 3.5
billion monthly visits, surpassing the likes of Netflix, Yahoo, or Amazon.
Pornhub generates substantial revenue from nearly three billion daily ad
impressions. According to one ranking, it holds the 10th position among the
world's most frequented websites (Kristof, 2020).
Talking to the New York Times a victim of such offence says that "Pornhub became
my trafficker," she says she was adopted in the United States from China and
then trafficked by her adoptive family and forced to appear in pornographic
videos beginning when she was 9. Some videos of her being abused ended up on
Pornhub and regularly reappear there, she said. "I'm still getting sold, even
though I'm five years out of that life," she said. Now 23, she is studying in a
university and aspiring to become a lawyer — but those old videos still hang
over her. (Kristof, 2020)
Instances of child exploitation and pornography are not limited in numbers. They
occur in significant numbers, with many children affected on a scale that is
difficult to comprehend. While some cases gain public attention, many others
remain unreported and unnoticed. These heinous acts cater to the perverse
fantasies of porn consumers and are readily available on the internet for years,
causing long-lasting psychological trauma to the victims.
International conventions on child pornography
Optional Protocol on the sale of children, child prostitution, and child
pornography - OPSC, adopted on 25 May 2000; As per Article 1 of the convention,
States Parties shall prohibit the sale of children, child prostitution and child
pornography as provided for by the present Protocol. As mentioned in the
protocol itself it is Gravely concerned at the significant and increasing
international traffic in children for the purpose of the sale of children, child
prostitution and child pornography.
The Convention on Cybercrime, popularly known as Budapest Convention on
Cybercrime, signed on 23rd November 2001; asks the parties to criminalize by
adopting such legislative and other measures under its domestic law, the act of
producing, offering or making available, distributing or transmitting, procuring
& possessing child pornography materials through computer systems.
It further mentions that child pornography shall include, a minor engaged in
sexually explicit conduct; a person appearing to be a minor engaged in sexually
explicit conduct; realistic images representing a minor engaged in sexually
explicit conduct.
Impacts Of Pornography
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Impact on personal relationship:
With exposure to explicit content online one may have unrealistic expectations with life partners which if not fulfilled may cause distress and dissatisfaction.
Taking for example where the normal ejaculation time lasts from somewhere between 7-13 minutes in a recent study, but the porn industry projects it somewhere between 30-60 minutes and couples get driven by it. (TNN, 2023).
So, it's important to be cautious about what we see online and remember that not everything we see there reflects how things work in the real world.
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Impact on mental health:
Consuming pornography extensively may lead to affect the mental health of individuals. It may cause someone to be addicted to pornography and may also cause anxiety or depression to some.
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Online safety:
Sometimes, explicit content on the internet can be used to harm or take advantage of people. For example, young people might be tricked or threatened by bad people online. These people might force them to share inappropriate pictures or videos, which is very dangerous for their safety. It's a serious problem that we need to protect young people from.
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Desensitization:
The term means that if someone looks at a lot of explicit stuff over time, they might get used to it. So, they might need to see more extreme or even more shocking material to get the same level of excitement or interest as before. It's like how a person who eats a lot of spicy food might need to add more and more spice to feel the same level of heat.
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Materialization of Women:
Pornography projects or materializes women to be a sexual material which can be used by men however they want. Women are shown as pleasure object and are more highlighted than men in porn materials. These adversely impacts the mind of the consumers and they develop a disrespectful attitude towards women and they begin to view women as something to satisfy their desires, rather than as individuals with their own dignity and worth.
The impact of pornography on individuals can be diverse. Some people might
become addicted to it, others could have problems in their relationships and
there can be feelings of shame or anxiety for some. It can also lead to
desensitization, where people need more explicit content to get the same level
of excitement.
However, it's important to remember that not everyone will experience these
effects and responsible use and open communication can help mitigate these
potential problems. Being mindful of how and how much explicit content one
consumes is key to having a healthy and balanced perspective on sexuality.
Conclusion
The global era has connected us in ways which we could not have imagined in the
past. However, this interconnectedness also means that crimes committed in one
corner of the world can affect people on the other side. The globalization of
cybercrime and cyber pornography requires global cooperation and legal
frameworks to combat these issues effectively.
Cybercrime and cyber pornography today in the global era are shared
responsibility. It's crucial for governments to enact laws and regulations that
keep pace with the evolving digital landscape. Organizations and individuals
must also take proactive measures to protect themselves and promote safe online
practices. Education and awareness are powerful tools in this fight.
As we move forward, it's essential to balance the benefits of the digital age
with its potential risks. We must strive to make the internet a safe and
respectful space for everyone. While the shadows of cybercrime and cyber
pornography may persist, they can be illuminated by the collective efforts of
society. By doing this we can reduce the prevalence of these issues and minimize
their impact.
In the end, by working together, we can navigate the digital shadows and ensure
that the global era becomes a place of connectivity, creativity and safety for
all.
References:
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Council of Europe (COE), Convention on Cybercrime https://rm.coe.int/1680081561 (Nov. 23, 2001)
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Dawn Hawkins, The Scourge of Child Pornography, https://www.nytimes.com/2020/12/10/opinion/letters/child-pornography.html New York Times (Dec. 10, 2020)
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Nicholas Kristof, The Children of Pornhub, https://www.nytimes.com/2020/12/04/opinion/sunday/pornhub-rape-trafficking.html?searchResultPosition=1 NEW YORK TIMES (Dec. 4, 2020)
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Shereen Samant, Cyber Pornography: A Conventional Crime Through Computer, Legal Service India
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Shailza Dutt, Dr. Suneyna, & Asha Chaudhary, Cybercrime: The Transition Of
Crime In The Information Era, International Journal of Advanced Research in IT and Engineering,
https://www.academia.edu/5379872/CYBERCRIME_THE_TRANSITION_OF_CRIME_IN_THE_INFORMATION_ERA_INTRODUCTION (June, 2013)
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Times News Network (TNN), How long does an average Indian man last during sex?,
https://timesofindia.indiatimes.com/life-style/health-fitness/photo-stories/how-long-does-an-average-indian-man-last-during-sex/photostory/62756225.cms Times of India (June 2, 2023)
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United Nation General Assembly (UNGA), Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
https://www.ohchr.org/sites/default/files/crc-sale.pdf (May 25, 2000)
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