child pornography
Paper Presentation on Management of Technology and Law (IGNITE)
CYBER LAW AND CRIMES: “obscenity, Child Pornography, and related Laws”
Submitted by :-
a) Anupriya
B.A.LLB- III Yr.
College of Legal Studies,
UPES.
8006936499
Email- anujani.mani@gmail.com; lawyer.anupriya@gmail.com
b) Dharam choubey
B.A.LLB-III Yr.
College of Legal Studies
7500641765
Email-dharamchoubey@gmail.com
ABSTRACT
This paper aims at analysing various aspects of law relating to ‘obscenity and child pornography’ by studying laws prevalent in various Western, European and Asian countries including India in detail.
The legal framework governing laws related to obscenity in India are given under Sec.292,293,294 of IPC, Sec 3 & 4 of Indecent Representation of women (prohibition) Act,1986 and Sec.67 of the Information technology Act,2000.IPC penalizes sale of obscene publications to persons including minors and performance of obscene act in any public places. The indecent representation of women Act,1986, prohibits advertisement displaying indecent representation of women. Whereas, ITA prohibits publishing of obscene information in electronic form. But the major problem faced by these laws is that the term “obscenity” has not been defined anywhere, which makes the term prone to arbitrary interpretation. The absence of a clear definition may lead to baseless restriction on freedom of speech & expression under Art.19 of the Constitution. Our paper recommends, the famous ‘Community Tolerance Test’ applied by the Indian Supreme court in the recent Aveek Sarkar v. State of West Bengal case(Feb7,2014), which has replaced the famous Hicklin test of U.K.,to be accepted as a standard practice in deciding obscenity.
With the advent of computer technology access to child pornography videos is just now a click away. There is an expansion
CYBER LAW AND CRIMES: “obscenity, Child Pornography, and related Laws”
Submitted by :-
a) Anupriya
B.A.LLB- III Yr.
College of Legal Studies,
UPES.
8006936499
Email- anujani.mani@gmail.com; lawyer.anupriya@gmail.com
b) Dharam choubey
B.A.LLB-III Yr.
College of Legal Studies
7500641765
Email-dharamchoubey@gmail.com
ABSTRACT
This paper aims at analysing various aspects of law relating to ‘obscenity and child pornography’ by studying laws prevalent in various Western, European and Asian countries including India in detail.
The legal framework governing laws related to obscenity in India are given under Sec.292,293,294 of IPC, Sec 3 & 4 of Indecent Representation of women (prohibition) Act,1986 and Sec.67 of the Information technology Act,2000.IPC penalizes sale of obscene publications to persons including minors and performance of obscene act in any public places. The indecent representation of women Act,1986, prohibits advertisement displaying indecent representation of women. Whereas, ITA prohibits publishing of obscene information in electronic form. But the major problem faced by these laws is that the term “obscenity” has not been defined anywhere, which makes the term prone to arbitrary interpretation. The absence of a clear definition may lead to baseless restriction on freedom of speech & expression under Art.19 of the Constitution. Our paper recommends, the famous ‘Community Tolerance Test’ applied by the Indian Supreme court in the recent Aveek Sarkar v. State of West Bengal case(Feb7,2014), which has replaced the famous Hicklin test of U.K.,to be accepted as a standard practice in deciding obscenity.
With the advent of computer technology access to child pornography videos is just now a click away. There is an expansion