ISSN: 2456–5474 RNI No.  UPBIL/2016/68367 VOL.- VII , ISSUE- IX October  - 2022
Innovation The Research Concept
Technology Development and Cyber Pornography (Reasons and Legislation in India)
Paper Id :  15879   Submission Date :  06/04/2022   Acceptance Date :  27/06/2022   Publication Date :  20/10/2022
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Sanjulata
Assistant Professor
Law Department
Govt. P. G. Law College,
Pali,Rajasthan, India
Abstract These days world is facing a new type of crime that is Cybercrime. These are computer related crimes. Computers are used or aimed in these crimes. Cybercrimes are of many types. Cyber pornography is a serious type of crime. It is very easy to do pornography with the help of computer technology. Making and distribute obscene materials with the help of technology is very easy. In this article we will read about the cyber pornography, child pornography, related Acts.
Keywords Crime, Cyber Crime, Pornography, Oobscene, Technology, Child Pornography.
Introduction
Today Cyber space is a very wide term. Crimes which are occurred in cyber space are called cyber crimes. Computer and the internet are used to commit these crimes. Cyber crimes are known as computer crimes, crime by computer or computer related crimes. These exams are “high- tech” and “Technology enabled” crime . Criminal activities like Forgery, fraud, defamation , theft, online gambling, software piracy, email spoofing cyber stalking, cyber pornography can be involved in cyber crimes.
Aim of study The main aim of this article is to aware people from this kind of crime.
Review of Literature
Pornography is a representation of sexual behavior that is intended to cause of sexual excitement. Pornography-- porni (Greek word =“prostitute”) + graphein =“to write”. Earlier it was said that any work of liturature or art that represent life of prostitutes was pornography. 1 Cyber pornography Pornographic websites, pornographic magazines etc are produced by using computer. It is very easy to make and distribute pornographic material through the internet with the information technology. Pornography industry has become larger than any other industries. Cyber pornography is the act of using cyberspace to create, display, distribute, import, or publish pornography or obscene materials, especially materials depicting children engaged in sexual acts with adults. Cyber pornography is a criminal offense, classified as causing harm to persons. 2 Child pornography Child pornography is the worst form of pornography. Child pornography is a form of child sexual exploitation. Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor (persons less than 18 years old). Images of child pornography are also referred to as child sexual abuse images. 3 Child pornography can be committed in the following five ways: 4 (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or (c) 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; or (d) facilitates abusing children online, or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, Reasons for cyber pornography The main reason is technological development. But we can’t think to live without this development. This is a essential part of our life. With this, one can access the pornographic material online. Anyone can watch this content at free of cost at their home in the piracy. Main reasons are: 1. Easy access to the Internet has helped the people to view pornographic content without compromising their privacy and without disclosing their identity to anyone. 2. 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. 3. Easy accessibility to sites that offer porn content for free. 5 4. Legal framework on pornography Consumption of pornography is not a crime. All that the law forbids is its publication or transmission. Consumption of pornography on a personal device is frowned upon by neither the Victorian-vintage Indian Penal Code (IPC) nor the 21st Century legislation on Information Technology (IT). 6 IT Act and some sec of IPC deals with it ,according to these sections Publication and transmission obscene materials is crimes. Information Technology Act 2000 Sec 67 Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is 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, 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 to ten lakh rupees. 7 Sec 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct 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. 8 Exceptions to Section 67 and 67A Section 67 and Section 67A does not extend to any book, pamphlet, paper, writing, drawing, painting, representation or figure in electronic form- 1. 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 interest of science, literature, art or learning or other objects of general concern; or 2. which is kept or used bona fide for religious purposes. 9 Section 67B in The Information Technology Act, 2000 10 Sec 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. -Whoever- (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or (b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or (c) 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; or (d) facilitates abusing children online, or (e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, 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: Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form- (i) 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 interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bona fide heritage or religious purposes. Explanation. -For the purposes of this section & quot;children & quot; means a person who has not completed the age of 18 years.] INDIAN PENAL CODE ,1860 SEC 292 11 Sale, etc., of obscene books, etc. (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. (2) ] Whoever— (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or (e) offers or attempts to do any act which is an offence under this section, shall be punished 263 [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a 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 to five thousand rupees]. (Exception) —This section does not extend to— (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure— (i) 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 interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. Sec 293 Sale, etc., of obscene objects to young person.—Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 2[on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a 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 five thousand rupees. 12
Conclusion Technology is the best tool for human development. Pornography is the worst use of technology. Cyber pornography is growing in a rapid way in present scenario. To control it strong legal provisions are needed. It is essential to save the upcoming generations from moral degradation. The proper execution of the law should be present to prevent the free access of pornographic contents. NGOs should take active participation to control women and child exploitation through the porn sites.
References
1. Pornography sociology written by John Philip Jenkins https://www.britannica.com/topic/pornography 2. Cyber pornography meaning, https://www.yourdictionary.com/cyberpornography 3. Child Pornography https://www.justice.gov/criminal-ceos/childpornography#:~:text=Child%20pornography%20is%20a%20form, less%20than%2018%20years%20old) 4. Sec 67B of IT Act 2000 5. Cyber Pornography, published by Subodh Asthana https://blog.ipleaders.in/cyber-pornography/amp/#Porn_rise 6. Watching pornography no offence: IPC and IT Act http://timesofindia.indiatimes.com/articleshow/8613854.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst 7. IT Act 2000 Sec. 67 8. IT Act 2000 Sec 67 A 9. . Clarification on Section 67 and 67A of Information Technology Act, 2000 https://taxguru.in/corporate-law/clarification-section-67-67a-information-technology-act-2000.html 10. IT Act 2000 , Sec 67 B 11. IPC Sec 292 12. IPC Sec 293