Cyber Obscenity refers to the creation, publication, transmission, or distribution of obscene or sexually explicit material using electronic means, such as the internet, mobile phones, or social media platforms.
It includes acts like:
- Uploading or sharing pornographic images or videos
- Sending obscene messages via email or chat
- Running or accessing obscene websites
- Using morphed photos to harass individuals
Definition of Obscenity (Legal Context)
Under Section 292 of the Indian Penal Code (IPC), an obscene publication or representation is something that is:
“lascivious or appeals to prurient interests or if its effect tends to deprave and corrupt persons who are likely to read, see or hear the matter contained in it.”
This same principle applies in the cyber domain under the Information Technology Act, 2000.
Relevant Sections of the IT Act, 2000
🔹 Section 67 – Publishing or transmitting obscene material in electronic form
- Punishment:
- First conviction: Imprisonment up to 3 years and fine up to ₹5 lakh
- Second conviction: Imprisonment up to 5 years and fine up to ₹10 lakh
🔹 Section 67A – Publishing sexually explicit material
- Punishment:
- First conviction: Up to 5 years imprisonment and fine up to ₹10 lakh
- Second conviction: Up to 7 years imprisonment and fine up to ₹10 lakh
🔹 Section 67B – Child pornography (publishing, browsing, collecting, or creating content involving children in sexually explicit acts)
- Punishment:
- First conviction: Imprisonment up to 5 years, fine up to ₹10 lakh
- Second conviction: Up to 7 years, fine up to ₹10 lakh
Examples of Cyber Obscenity
- Sending unsolicited sexually explicit images or messages
- Creating or circulating deepfake pornography
- Running or hosting pornographic websites
- Uploading obscene videos on social media or messaging platforms
- Sextortion – threatening to leak obscene material for blackmail
Challenges in Controlling Cyber Obscenity
- Anonymity of users online
- Use of encrypted apps and dark web
- Cross-border servers, making prosecution complex
- Delay in reporting due to fear or stigma
- Lack of digital awareness among youth and parents
Remedies and Preventive Measures
- Report offensive content to cyber police or portals like cybercrime.gov.in
- Use parental control software
- Educate children and teens on safe internet use
- Block and report obscene content or profiles on social media
- Governments should work on stronger international cooperation to tackle cross-border obscenity networks
