Cyber law in India encompasses various statutes aimed at regulating and governing activities in the digital realm. These laws address a wide range of issues, including cybercrime, data protection, electronic commerce, and online content regulation. One significant aspect of cyber law pertains to the publication and transmission of obscene material in electronic form, as outlined in Sections 67, 67A, and 67B of the Information Technology Act, 2000.
SECTION 67: PUNISHMENT FOR PUBLISHING OR TRANSMITTING OBSCENE MATERIAL
Under Section 67 of the Information Technology Act, 2000, individuals are prohibited from publishing or transmitting material in electronic form that is lascivious, appeals to prurient interests, or tends to deprave and corrupt individuals likely to come across it. Upon first conviction, the offender may face imprisonment for up to three years and a fine of up to five lakh rupees. Subsequent convictions can result in imprisonment for up to five years and a fine of up to ten lakh rupees.
SECTION 67A: PUNISHMENT FOR PUBLISHING OR TRANSMITTING MATERIAL CONTAINING SEXUALLY EXPLICIT ACTS
Section 67A of the Information Technology Act, 2000, deals specifically with material containing sexually explicit acts or conduct transmitted or published in electronic form. Offenders face imprisonment for up to five years and a fine of up to ten lakh rupees upon first conviction. Repeat offenders may be imprisoned for up to seven years and fined up to ten lakh rupees.
EXCEPTION CLAUSE IN SECTIONS 67 AND 67A
Sections 67 and 67A exclude electronic materials published for public interest (e.g., scientific, literary, artistic, educational) and those for religious use from prosecution.
SECTION 67B: PUNISHMENT FOR PUBLISHING OR TRANSMITTING MATERIAL DEPICTING CHILDREN IN SEXUALLY EXPLICIT ACTS
Section 67B of the Information Technology Act, 2000, addresses the transmission or publication of material in electronic form that depicts children engaged in sexually explicit acts. Offenders may be imprisoned for up to five years and fined up to ten lakh rupees upon first conviction. Subsequent convictions may result in imprisonment for up to seven years and a fine of up to ten lakh rupees.
DEFINITIONS AND SCOPE OF SECTION 67B
Under Section 67B, “children” refers to individuals below 18 years. The section covers activities like publishing explicit material involving children, enticing them into online sexual relationships, and facilitating online child abuse.
EXCEPTION CLAUSE IN SECTION 67B
Similar to Sections 67 and 67A, Section 67B includes an exception clause. Section 67B exempts materials depicting children in sexually explicit acts from prosecution if they serve heritage or religious purposes or are justified for public interest like scientific, literary, artistic, or educational reasons.
SECTION 67C: PRESERVATION AND RETENTION OF INFORMATION BY INTERMEDIARIES
Section 67C of the Information Technology Act, 2000, mandates intermediaries to preserve and retain specified information for a prescribed duration and in a specified manner and format as determined by the Central Government. Intermediaries who knowingly contravene these provisions may face penalties of up to twenty-five lakh rupees.
EXAMPLE AND ANALYSIS
- Example:An example of publishing or transmitting obscene material under Section 67 of the Information Technology (IT) Act,2000 would be sharing explicit or pornographic content through electronic means, such as social media, email, or messaging apps.
- Analysis: The provisions outlined in Sections 67, 67A, 67B, and 67C of the Information Technology Act, 2000, play a crucial role in regulating the publication and transmission of obscene or sexually explicit material in electronic form in India. These laws aim to safeguard individuals, particularly children, from exposure to harmful content online and hold offenders accountable for their actions. Additionally, the exception clauses provide flexibility for materials that serve legitimate purposes in the public interest or for religious or heritage reasons. Intermediaries are also obligated to preserve and retain specified information, further contributing to the enforcement of cyber laws in India.
In Conclusion, India’s cyber laws, including Sections 67, 67A, 67B, and 67C of the Information Technology Act, 2000, are crucial for regulating and combating the dissemination of obscene or sexually explicit material online, with provisions aimed at protecting individuals, especially children, and holding offenders accountable.
RECENT UPDATE-
The Allahabad High Court ruled that liking an “obscene” post on social media is not an offense, but sharing or reposting it is. Justice Arun Kumar Singh Deshwal clarified that liking a post does not constitute transmission under Section 67 of the IT Act. The case involved Mohd Imran Kazi from Agra, who faced charges for liking “provocative” messages leading to an unauthorized assembly. The court dismissed the criminal proceedings against him.
Reference
- Supreme Court to examine if on screen profanity amounts to a ‘sexually explicit act’–THE HINDU
- Liking ‘Obscene’ Content On Social Media No Crime, Sharing Is: Allahabad High Court-THE TIMES OF INDIA
- LEGAL GLOSSARY- CYBERCRIME
- LEGAL GLOSSARY- INTERMEDIARIES
- LEGAL GLOSSARY- OBSCENE
- LEGAL GLOSSARY- CONVICTED
