Cyber Pornography

Cyber pornography refers to  stimulating sexual or other erotic activity over the internet. The most serious law penalizing cyber  pornography is the IT Act (Section 67). Depending upon content, Sections 67A and 67B (child pornography) may also apply. 66E deals with punishment for violation of privacy.

This section covers video voyeurism. Acts like hiding cameras in changing rooms, hotel rooms etc. is punishable with jail up to three years. Other laws that deal with pornography include the Indecent Representation of Women (Prohibition) Act and the Indian Penal code.

    According to Section 67 of the IT Act, "Whoever publishes or transmits or causes to be published in the electronic from 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 to read, see or heat the matter contained as embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to rupees 5 lakh and in the event of a 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 rupees 10 lakh".

    This section will cover websites, graphic files such as GIF and JPEG images, text messages (email, SMS, chat room), audio/sound messages (net-telephony, music downloads), digital photo formats), pseudo photographs (morphed images), etc. It is worth mentioning here that viewing of pornography is not an offence under the Act.

    In the context of cyber cafes, if a customer transmits any obscene material on the terminal assigned to him and this fact is know to the owner, it would constitute an offence and the cybercafe owner would be liable u/s 292 IPC r/w Section 67 of IT Act.