Applicable laws against Pornography, Obscenity and Defamation

Crimes Tort Crime

Nature of
Wrong doing
1. Pornography Dissemination through the internet Cyber Pornography is defined as
of obscene, offensive or prohibited the act which uses cyberspace to
material inclusive of indecent initiate, design, expose ,
exposure & pornography. introduce and circulate as well as
advertise indecent or
pornographic contents.
Pornography is a criminal
offence and had been classified as
one of the reason for causing harm
to persons.
Applicable laws against Cyber Pornography –

1. Section 67 of IT Act, deals with publishing obscene information in electronic form.

Punishment for publishing, creating, downloading, browsing or sharing electronic depiction
of children in sexually explicit manner is imprisonment for 5 years or fine of Rs10 Lakh or
with both.
2. Indecent Representation of Women’s Act, 1986
This Act prohibits the representation of women or any part of women’s body in which it
hampers public morality and decency.
3. POCSO Act, 2012
Section 13 of Pocso Act, states that any person who uses a child in form of media for sexual
gratification shall be guilty of the offence of child pornography. Whereas, section 14
provides punishment for using a child for pornographic purposes.

2. Obscenity Obscenity encompasses the range Obscenity as a crime is defined as

of sexual expressions enabled by
information and computer
technologies (ICT); computer
mediated communications (CMC)
and the distribution of sexually
explicit materials online
anything which is lascivious or
appeals to the lustful interest or if
its effect is tend to deprave and
corrupt persons.” It is also called
the code of obscenity (Cyber
Obscenity, 2012).

Applicable laws against Obscenity –

Under the Indian Penal Code (IPC), Sections 292, 293 and 294 deal with the offence of
obscenity.

Prepared by Rahul Raj

Applicable laws against Pornography, Obscenity and Defamation

Section 292 says that any content shall be deemed to be obscene if it is lascivious or appeals to the
prurient interest, or if its effect tends to deprave and corrupt persons likely to read, see or hear the
content. This section prohibits the sale or publication of any obscene pamphlet, book, paper,
painting, and other such materials.

Section 293 criminalises the sale or distribution of obscene objects to anyone who is under the age
of 20, or an attempt to do so. Although it is a bailable offence, the maximum punishment for the
first conviction is three years of imprisonment and a fine up to Rs 2,000, and for the second
conviction seven years with a fine up to Rs 5,000.

Section 294 prohibits obscene acts and songs in public spaces.

The maximum punishment for the person convicted under this charge is three-month jail and a fine.
With the advent of the digital age, laws were made to criminalise obscene conduct on the internet
also.

3. Defamation Defamation in Torts law is defined as,
any false statement which results in
causing injury to the reputation of an
individual. It can be done by either
speaking openly i.e., Slander, or by
publishing false statement or writing
it down i.e., Libel.
Applicable laws against Cyber Defamation –
If a person publishes any kind of
defamatory statement against any
other person on a website or sends
E-mails containing defamatory
material to that person to whom the
statement has been made would
tantamount to Cyber defamation.

Indian Penal Code

Section 499 of Indian Penal Code says that “Whoever by words either spoken or intended to be read or by
signs and visual representations makes or publishes any imputation concerning any person intending to harm
or knowing or having reason to believe that such imputation will harm the reputation of such person is said,
except in the cases hereinafter excepted to defame that person.”
Section 500 of IPC provides for punishment wherein “any person held liable under section 499 will be
punishable with imprisonment of two years or fine or both.”
Section 469 deals with forgery. If anyone creates a false document or fake account by which it harms the
reputation of a person. The punishment of this offence can extend up to 3 years and fine.
Section 503 of IPC deals with the offence of criminal intimidation by use of electronic means to damage
one’s reputation in society.

Information Technology Act, 2000

Section 66A, Information Technology Act,2000 – This law has been struck down by Supreme Court in the
year 2015. The section defined punishment for sending ‘offensive’ messages through a computer, mobile or
tablet. Since the government did not clarify the word ‘offensive’. The government started using it as a tool
to repress freedom of speech. In 2015, the whole section was quashed by the Supreme Court.

Prepared by Rahul Raj