Taking serious note of the pornographic sites, especially the child pornography which has resulted in the sex crimes against women and children in the country, the Supreme Court on Monday sent notice to Information and Technology, Information ministry along with the Broadcasting and Home Affairs ministries seeking their views on the ban on porn sites.
This was in response to the petition filed by one Kamlesh Vaswani an Indore-based advocate which said that in the porn material freely available on these sites is responsible for crimes against women.
The petition said that over over 20 crore porn videos or clippings are freely available in the market, which are directly been downloaded through internet or other video CDs.
Though pornography in India is illegal, due to ineffective lawpornographic materials are easily available in public places. Softcore and hardcore pornography movies/photos are easily accessible through magazines, films, or Internet. The law states that possessing and watching pornographic materials is legal, but production and distribution are prohibited.
The petition said that the sexual content that kids are accessing today is far more graphic, violent, brutal, deviant and destructive and has put entire society in danger so also safety threats to public order in India.
Child pornography in India is illegal. In February 2009, the Parliament of India passed the Information Technology Bill," banning the creation and transmission of child pornography. The bill enables India's law enforcement agencies to take strict action against those seeking child pornography. For example, browsing for child pornography on theInternet can lead to a 5 year term of imprisonment and a 1 lakh fine.
Section 67 of the "Information Technology Act" deals with "publishing obscene information in electronic form". This law has been interpreted to criminalize the posting of pornographic content online. However, accessing "obscene" content privately is not illegal. The IT Act was amended by the Parliament on 2008, and Section 67B was inserted which criminalizes browsing, downloading, creation, and publishing child pornorgraphy. Child anime porn was not explicitly criminalized.
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