Obscenity in Online Content

Syllabus: GS2/ Polity and Governance

Context

• The recent debate over “India’s Got Latent” show has brought attention to the evolving interpretation of obscenity laws in the digital era.

What is Obscenity?

• Obscenity refers to content or acts that are offensive to public morality and decency. 
• Legally, it includes material that is vulgar, or repugnant to accepted social norms.

Factors causing rise in Obscenity

• Rapid Growth of Digital Platforms: The proliferation of social media platforms has made it easier to share content globally, leading to greater exposure to varied forms of expression, some of which cross moral and legal boundaries.
• Monetization of Controversial Content: Some creators exploit controversy or shock value to gain attention, views, and revenue, leading to the production and dissemination of obscene material.

Implications of rising Obscenity in India

• Impact on Social Morality: The growing presence of obscene content in digital media influences public morality, especially among impressionable audiences such as children and young adults.
• Cybercrime and Exploitation: The rise in online obscenity fuels exploitation, driving cyberbullying, harassment, and trafficking.

Legal Framework Governing Obscenity in Online Content

• Information Technology (IT) Act, 2000: Section 67 penalizes the publication or transmission of obscene material in electronic form.
  • The offense is punishable with imprisonment and a fine, with stricter penalties for repeated violations.
• Bharatiya Nyaya Sanhita (BNS), 2023: Section 294 (previously Section 292 of IPC, 1860) prohibits the sale, distribution, advertisement, or commercial exploitation of obscene materials, including books, paintings, and digital content.
  • It extends to electronic content, reinforcing legal accountability in the digital space.

Source: IE