child pornography

Topics: Obscenity, Pornography, Human sexual behavior Pages: 11 (3865 words) Published: April 7, 2014
 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 with respect to definition of child pornography by including simulated child pornography or "pseudo" child pornography.Sec.67 of the ITA gives only “"tendency to deprave and corrupt" test but has ignored the"lewd, filthy and repulsive" and "preponderating social purpose" tests.Thus,the section is as vague as that of COPA of U.S. ,reflecting upon the need of national internet regulatory standards in India. Thus,with the help of comparative method employed in the paper,recommendations will be made which can be applied to Indian laws to make it robust

Obscenity, Child Pornography, and related Laws

INTRODUCTION

Our Article begins with the discussion on the case ‘United states v. Thomas1’ which is a famous case involving obscenity & pornography.In the present case Robert and carleen Thomas owner of computer bulletin board system, were convicted for knowingly distributing and transmitting obscene material in interstate commerce.The U.S. court applied the ‘community standard test’ as to what impact/effect the obscene matter/publication had on the community of the cyberspace.The main problem with the cyber world is that it is operated internationally,which means what is the definition of obscene in one country may not be the same for the other country.Different countries have different laws,thus,when such material are transmitted between two countries there is conflict of laws.Thus,to demarcate a geographical community in cyberspace becomes a difficult challenge.Thus, the need of the hour is to create a national internet community standard.Though , the internet users are not covered within a particular geographical area,yet they operate online in such a manner as if the other person on internet is next door.A national standard will create clear guidelines so that the vendors who distribute pornography online will be clear with regard to permissible and impermissible material.As the possession of pornography is not illegal but transmission is,thus the...
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