1) Introduction

With the advent of technology, we have seen a lot of development in almost all fields but it also brings a lot of negatives with it one of being pornography. Even though pornography is not illegal to conduct and involves cybercrime it is. Cybercrime involves illegal or unauthorized activities that exploit technology to commit various crimes like hacking, phishing, spamming, etc through computers or computer networks which are used for communication and to transfer information from one person to another in a short time. These mentioned crimes are used as tools to commit offenses like child pornography, hate crimes, or uploading content without the consent of the portrayed person. There are 2 types of pornography: softcore and hardcore. Hardcore content refers to pornographic works that feature full or partial nudity in sexual contexts. Perhaps nudity is a part of both types of pornography.

2) What is Obscenity?

Legally speaking, "obscenity" is any indecent expression that words, deeds, or gestures can show. Since pornography and obscenity are typically thought to be equivalent, the terms "obscene" and "porn" are frequently used interchangeably.

The definition of obscenity as defined by Indian law can be summed up as follows:

Anything primarily appealing to voyeuristic or sexual impulses.

Any literary or artistic work that offensively and overtly depicts or describes sexual behavior.

Section 292 addresses the sale of pornographic literature, periodicals, etc. it states that Whosoever sells, distributes or publicly exhibits or in any manner circulates, or imports or exports any obscene book, pamphlet, paper, drawing, art, painting, representation or figure or any other obscene object which is in his/ her possession. [1]

This section explains that the commission of an offense does not always need awareness of obscenity. It stipulates that the punishment for a first conviction is two years of imprisonment of any kind and a fine of 2,000 rupees; for a second conviction, the punishment is five years of imprisonment and a fine of 5,000 rupees. Apart from physical contact, soliciting or requiring sexual favors, displaying pornography, or making sexually suggestive remarks are all considered forms of sexual harassment. The offender faces a maximum sentence of three years in prison, a fine, or both in the first three cases and a maximum sentence of one year in prison in the fourth.

3) Laws on Cyber Pornography in India

As a rational person, man has desires, and these desires and wishes are subject to limitations and restrictions for him to live in a civil society. These restrictions are crucial because they protect the general public's interests and are only implemented in their best interests. Therefore, Article 19(2) of the Constitution [2] specifies some reasonable limitations that limit the right to freedom of speech and expression and prevent it from being an unalienable one.

The most severe Indian law that punishes cyberpornography is Section 67 of the IT Act. The Indian Penal Code and the Indecent Representation of Women (Prohibition) Act are two more laws in India that address pornography.

According to Section 67 of the IT Act Whoever publishes or transmits or causes to be published 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 five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees. [3]

Sections 292-294 of the Indian Penal Code, of 1860, forbid the publication and sale of pornographic materials; however, indecent depictions of women are exempt from these provisions. Women are frequently portrayed in extremely offensive, lewd, and filthy ways. They are reduced to nothing more than objects of desire, which causes them to be victimized in society and, as a result, to be corrupted in the eyes of onlookers or other people Therefore, it was thought necessary to pass the Indecent Representation of Women (Prohibition) Act, 1986, which made it illegal for any publication, writing, painting, advertisement, or another form of visual representation of women to be indecent, improper, or scandalous.

4) Child Pornography in India

The term "child pornography" describes the production, dissemination, or ownership of sexually explicit content featuring children. It's a terrible crime with grave consequences that continues to allow children to be sexually abused and used in India and around the world.

The term "online child pornography," which describes the creation, dissemination, or ownership of sexually explicit content featuring minors via digital platforms, is an example of digital exploitation.

The Protection of Children from Sexual Offences (Amendment) Act, 2019 defines child pornography as any visual depiction of sexually explicit conduct involving a child including photograph, video, digital or computer-generated image indistinguishable from an actual child. [4]

As per this amended Act, any individual who exploits a child or children for pornographic purposes faces a minimum five-year prison sentence and a fine. If convicted a second or subsequent time, the punishment increases to a minimum seven-year prison term and a fine.

The Information and Technology Act's Section 67 addresses the electronic publication of pornographic material. A five-year jail sentence and a fine of Rs. ten lakh are the penalties for publishing, making, trading, downloading, or accessing any electronic work that depicts children in an offensive, indecent, or sexually explicit way on your first offense.

Any book, pamphlet, paper, writing, drawing, painting, representation, or figure in electronic form that is used for religious purposes or is in the interest of science, literature, art, or learning is exempt from section 67 and section 67A. Generally speaking, it leaves out any reference to child pornography and fails to define or criminalize it. The penalties for participating in sexually explicit electronic or online content that features children are outlined in Section 67B. Inducing minors to engage in sexual activity or form online relationships is likewise prohibited.

5) Ways to Reduce Cyber Pornography

Strict laws and punishment - Enact and uphold stringent legislation that targets cyberpornography in particular, clearly defining the consequences for those who produce, distribute, or consume it and have a severe punishment for those committing the crime.

Strong technological measures working with internet service providers and tech firms to create and implement technologies that quickly identify and eliminate unlawful content. Promote the adoption of strong encryption-enabled secure communication services to stop unlawful material from being shared without authorization.

Rehabilitation - Offer victims support andresources, such as counseling, legal representation, and programs for rehabilitation to aid with their trauma recovery. Not only the victims but providing therapy and aid to the criminals would help understand the root cause of why they indulged in such crimes and would help them to stop committing such crimes

Public Awareness and Education Educating the public, especially kids and teenagers, about the risks associated with unlawful content and online safety by running awareness campaigns.

6) Conclusion

Cyberpornography isa threat. It makes young people think in an unhealthy way aboutsexual approaches. Young people's minds are often influenced by pornographic content in ways that are unhealthy and undesirable for society as a whole. A comprehensive and coordinated effort involving governments, law enforcement agencies, technology companies, educators, and the public is necessary to combat unlawful cyber pornography. Collaboration among different parties is essential for this complex and dynamic issue to be effectively addressed.

India is currently enacting stringent legislation, and its cyber police are working tirelessly to combat the cyberpornography epidemic.

7) Citations

1) The Indian Penal Code 1860, (s. 292).

2) The Constitution of India, Art. 19 (2).

3) The Information Technology Act 2000, (s. 67).

4) The Protection of Children from Sexual Offences (Amendment) Act, 2019.