The right to free speech is a fundamental right given to every citizen of India but subjected to certain reasonable restrictions. Article 19 (2) lays down eight such restrictions which curtail the freedom of speech and expression, there include restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The freedom of speech over the internet is governed by the same restrictions as the right of speech protected under Article 19(1)(a) is subjected to along with a few more under the Information Technology Act,2000. Spreading of pornographic material over the internet is subjected to the restrictions imposed on the ground of obscenity and are also specific offences under the provisions of the Information Technology Act.
Section 67 of the Act lays down the punishment for publishing or transmitting sexually explicit material. The section states that: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.
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.
The freedom of speech over the internet is governed by the same restrictions as the right of speech protected under Article 19(1)(a) is subjected to along with a few more under the Information Technology Act,2000. Spreading of pornographic material over the internet is subjected to the restrictions imposed on the ground of obscenity and are also specific offences under the provisions of the Information Technology Act.
Section 67 of the Act lays down the punishment for publishing or transmitting sexually explicit material. The section states that: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.
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.
Section 67 A provides that: 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.
Section 67 B deals specifically with child pornography. It states Whoever,–
(ii) which is kept or used for bona fide heritage or religious purposes.
Under the provisions of Section 67 B, inducing or coercing children into online relationship or sharing material containing such texts, I'm ages or videos would amount to an offence. Sharing online videos depicting children in sexually explicit manner on WhatsApp or other electronic platforms would comprise of an offence under the section.
(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
(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 the interest of science, literature, art or learning or other objects of general concern; or
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 the interest of science, literature, art or learning or other objects of general concern; or
Under the provisions of Section 67 B, inducing or coercing children into online relationship or sharing material containing such texts, I'm ages or videos would amount to an offence. Sharing online videos depicting children in sexually explicit manner on WhatsApp or other electronic platforms would comprise of an offence under the section.
