containing all provisions of Indian Penal Code & IT act 2000 related to pornography & child pornography. Prepared by Gunpreet kaur kamboj, law student of GNDU (asr) . if u like it then please like it or comment it...as i did alot of hardwork

1. Presentation
On
Cyber Pornography
GNDU law
student
Submitted by:
Gunpreet
kaur(602)

2. INTRODUCTION
• The word “pornography” has come to the
English language from the Greek language i.e.
‘Pornographos’ (porne prostitute + graphien
write)
• The word ‘porno’ means ‘prostitution’, that
implies that the subject is not love, or love at all,
but domination & violence against women.
• The word “graphos” means ‘writing about’ or
‘description of which puts still more
distance between the subject & object’.

3. History and Religious Context
 The first documented porn
picture were printed in oriental
manuals of sex , “Kama Sutra”
was the first manual on love
written in 300 AD & contained
explicit description of lovemaking
and related subject.
 The escapades of Lord Krishna
with Gopis in “Raaslila” are
revered in Hindu Mythology.

4.  The statues in famous temple of
“Khujraho” depict the lovemaking
scenes in explicit details and are
places of not only art and culture
but of worship also.
 The paintings on walls by the tribal
societies hardly show the titillation
caused by nudity, for nudity was
natural to them.
 The statutes of “Yakshi” in
National Museum.
At the end of the 18th century
France was the leading country
regarding the spread of porn
pictures. Porn became an
element of playing cards,
posters, post cards & so on.

5. Any new technological achievement was placed
at the service of porn. The first porn
daguerreotype appeared in 1855, & the first porn
film was made in a year after the Lumiere
brothers invented cinema.
By the mid 1980’s, the Golden Era Of Porn came
to naught. By that time, the most popular porn
stars appeared in hundreds of porn films or even
became porn directors & producers.

6. International Prospective
 European Union Convention
on Cyber Crimes 2001:
“Article 9” imposes a duty
upon the parties to the
convention to establish as
criminal offences of
intentionally ‘producing,
offering, making, distributing,
transmitting, procuring or
possessing child pornography
through a computer system for
oneself or to distribute to
another’
 Budapest Convention on
Cyber Crimes 2001:
“Article 9” prohibits the
child pornography &
imposes the duty on state
to prevent the coercion &
prostitution of children for
such activities as well as
safeguard children from
pornographic
performances & materials.

7. • Convention on the
Rights of Child:
Article 2 (c) The Optional
Protocol to the convention on
the Rights of child on ‘sale of
children, child prostitution &
pornography’ it requires its
members to prohibits sale of
children, child prostitution &
pornography.
It allows the children or their
representatives to file an
individual complaint on
violation of their rights. It was
adopted in December, 2011
• UN Convention on
the Rights of Child:
Article 34 provides that every
chid has a right to be
protected from the sexual
abuse or sexual exploitation.
Article 36 provides that
states shall protect children
against any form of
exploitation.
Article 35 provides that state
shall take measure to prevent
the abduction or sale of
children for any purpose
International Perspective

11. HISTORY OF CYBER PORNOGRAPHY
• EARLY 1990’s
 February 1993 – The internet is made public
 March 1993 – The largest child pornography investigation in history begins.
 1995 – A study is conducted that said that about 80% of internet usage is from pornography.
• LATE 1990’s
 1996 – The Communication Decency Act (CDA) is created
 1996 - The Association of Sites Advocating Child Protection (ASACP) is created
• IN 2000’s
 2004 – China attempts to ban internet pornography
 2007 – International child pornography investigation has been done
 2009 – Media Streaming is improved & bandwidth costs drop
 2015 – Indian govt. decides to ban 286 porn sites .

12. Definitions of Pornography
• The Explicit description or
• exhibition of sexual subjects or
• activity in literature , painting ,films, etc.,
• In a manner intended to stimulate erotic
rather than aesthetic feelings; literature
etc.
The Oxford
Dictionary
• Writings, pictures, etc intended to arouse
sexual desire
• The production of such writings, pictures ,
etc known as pornography.
The
Webster
Dictionary

13. Characteristics of Pornography
 Its primary purpose is to
stimulation of sexual interest
and excitement.
 Its degrading portrayal of a
human [male/female] as a
mere object to be exploited &
manipulated sexually.
 Pornography is [visual/audio]
material that combines sex
or degradation in a manner
that appears to :
• encourage such behaviour

14. Types of Pornography
• According to the report of the Attorney
General Commission on Pornography in
1986, broadly pornography is of two types i.e
Pornography
Hardcore
Pornography
Softcore
Pornography

15. • It is still photography or video footage that
contains explicit forms of pornography, most
commonly including depictions of sexual acts.
• It usually takes the forms of pics often displayed
in magazines or on the internet , or films &
cartoons
• It is commercial still pornography or film that
has a pornographic or erotic component
• It is intended to be arousing & aesthetical
beautiful. Its designed to a visual aphrodisiac – a
seduction
• It is less sexually graphic & intrusive than
hardcore pornography

16. Pornography or Obscenity- a debate
• The literal meaning of pornography is “describing or exhibiting
sexual acts in order to cause sexual excitement through books, films
etc”. The pornography in itself cannot become crime unless it
amounts to ‘obscenity’
• The word obscenity means “offensive to modesty or decency, livid,
repulsive”.
• The test of obscenity was laid down in Regina v. Hicklin as the
tendency ‘to deprave & corrupt those whose minds are open to
such immoral influences & into whose hands a publication of this
sort may fall’
• In Miller v. California, the U.S. Supreme court set out three prong
test for obscenity, called the ‘Miller test’ i.e.
Whether the
work as a whole
Appeals to
prurient interest
Depicts or
describes in
offensive way
Lacks serious
literacy, artistic,
political or
scientific value

17. • It is very well said that all obscene material is pornographic but
vice versa is not true. For example
1. Where a medical students are taught the human reproductive
system, depiction of all the reproductive organs & their functions
in great details is not indecent hence not obscene but becomes
obscene if used to cause any sexual excitement.
2. Depiction of nude body form is indecent & vulgar for some , but
for someone it is an artistic expression. All depictions of nudity is
not a pornographic like NICK UT won Pulitzer Prize for this picture

19. The ‘NUDE’ in Fine Arts
• The word ‘nude’ in fine arts
represents a “balanced,
prosperous & confident
body” – not a defenceless
body
• Nudity to express order,
despair, detail & perfection
• Fine arts nudity is exhibited
in public places, galleries,
museums, etc
The ‘Naked’ in porn
• To be ‘naked’ is to be
deprived of one’s clothes, &
to be embarrassed in that
condition
• Porn uses naked people for
lust & greed
• Pornography is shameful
secret even though it is sold
openly

21. Obscene
 According to law in India :
“anything that is lascivious or appeals to the
prurient interest or if its effect is to deprave &
corrupt persons would be considered to be
obscene”
 Like India in many other countries i.e.
Indonesia, Iran, Pakistan etc. making or owing
pornography is a crime.
 In India the laws that provide punishment for
this are
• The Indian Penal Code, 1860
• The Information Technology Act,2000

22. INDIAN CONSTITUTION(Article 19)
• Article 19(1)(a) provides all citizens with rights
to freedom of speech & expression.
• But the state has been empowered to
legislate in order to reasonably curtail this
freedom in a few specified circumstances
provided under (Article 19(2))

23. The Indian Penal Code,1860
(Section 292)
 Section 292 of IPC comprehensively sets out the
circumstances in which ‘obscenity’ material is an
offence.
Whoever
Advertises
Sells
Lets to
hire
Know
about
Distributes
Publicly
exhibits
in any
manner put
into
circulation
Makes
Produces
Has in his
possession
Exports

24. • Any obscene
• Shall be punished
pamphlet book paper Drawing Painting
Or any
other
obscene
material
On 1st
conviction
Imprisonment
which may extend
to two years
& with fine which
may extend to two
thousand rupees
On 2nd
conviction
Imprisonment
which may extend
to five years
& with fine which
may extend to five
thousand rupees
• Exceptions to this
1. Justifiably for the public good
e.g. interest of science,
literature , art or learning or
other purposes of general
concern
2. For bona-fide religious
purposes
3. In any ancient monument
within the meaning of the
Ancient Monuments within
the meaning of the Ancient
Monuments & Archaeological
Sites & Remains Act, 1958
4. Any temple or on any car used
for the conveyance of idols or
kept or used for any religious
purpose

25. Publishing or transmitting obscene
material in electronic form
 Section 67 lays down that whoever
• Publishes or transmits in the electronic form
• Any material lascivious or appeals to the prurient interest
• Tendency to deprave & corrupt persons
• Likely audience
• To read, see or hear the matter contained or embodied in electronic form
• Shall be punished
On 1st
conviction
Imprisonment
which may
extend to 3 years
& with fine which
may extend to
five lakhs rupees
On subsequent
conviction
Imprisonment
which may
extend to 5 years
& with fine which
may extend to 10
lacs rupees

26. Cases
• In Bobby Art International v. Ompal Singh (1996) (known as Bandit Queen
case), the Delhi High Court restrained the release of the film on the
ground of obscenity. However the apex court allowed the appeal against
the HC & held that in fact the exhibition of the film does not stimulate the
sexual arouse due to its context related with the story.
• In Air Force Bal Bharti School, Delhi case (2001), a student was teased by
all his classmates for having a pockmarked face. Fed up with all these he
set up a website with pornographic material & scanned photographs of his
classmates & teachers morphed them with nude photographs & put them
up on websites that he uploaded on a free web hosting service. A case was
registered u/sec 67 of IT Act,2000 & police picked up the concerned
student & kept him in juvenile home & after one week he was on bail.
• In Pune, a first class magistrate held Rediffmail.com liable for the offences
u/s 292 of IPC. On the complaint by a student that the search facilities
offered by Rediffmail.com could be used to view websites containing
pornographic material. The magistrate observed that one could not have
seen the obscene site without a search engine.

27. Punishment for violation of privacy
(Section 66E)
• Section 66E provides that whoever
• Shall be get punished
Imprisonment
that may
extend to 3
years
Or with fine
not exceeding
2 lacs rupees
Or with both
•Intentionally
or
•Knowingly
1
•Captures,
•Publishes or
•Transmits
2 •Images of a
private area
of any person
3
•Without his
or her
consent
4

28. • Violation of privacy may include instances of installation of spycams,
hidden cameras or communication devices inside washroom , bedrooms,
changing room etc for the purpose of violating bodily privacy of any user.
• The sting operations by a private person or an agency which may result in
violating bodily privacy of another person will fall under this section.
Whatever may be the reason public interest or the people right to know,
one should not disregard the protection being given to an individual
against his bodily privacy under this section.
 In Court on its own motion v. State, the Division Bench of the Hon’ble
Delhi High Court summarized its view on the sting operations as follows:
1. A sting operation by a private person or agency is, by & large,
unacceptable in a civilized society. A sting operation by a state actor is
also unacceptable if the state actor commits an offence so that an
offence by another person is detected.
2. A sting operation cannot be initiated to induce or tempt an otherwise
innocent person to commit crime or entrap him to commit a crime
3. If a private person or agency unilaterally conducts a sting operation, it
would be violating the privacy of another person & would make itself
liable for action at law.
4. A sting operation must have the sanction of an appropriate authority.
Since no authority exists in India & until it is set up, a sting operation by
a private person should have the sanction of court of competent
jurisdiction or if it is done without sanction then that person is liable
under Section 66E

29. Violation of privacy under IPC
• It is imperative that Section 66E should now be applied in
conjunction with 354A,354B & 354C of IPC
 Section 354A (Sexual harassment & punishment for sexual
harassment):
• This section provides that a man doing sexual harassment of
the nature of
• Shall be liable for punishment
Unwelcome
physical
contact
Demand or
request for
sexual
favours
Showing
pornography
Making
sexually
coloured
remarks
Under 1st three cases
• Imprisonment which may extend
to three years
• Or with fine
• Or with both
Under fourth case
• Imprisonment which extend to 1
year
• Or with fine
• Or with both

30. Assault or use of criminal force to woman
with intent to disrobe (Section 354B)
• A man who
• With the intention of disrobing
or compelling her to be naked
• Shall be punished with
Assaults
any
woman
Uses criminal
force to any
woman
Or abets
such act
Imprisonment of
not less than 3
years but which
may extend to 7
years
and
with fine
• The term “assaults” is
nowhere defined but
dictionary meaning is
‘making a physical attack
on’

31. Voyeurism (Section 354C)
• Any man who
• Shall be punished
• Watches
or
• Captures
the images
1
• Woman
engaging in
private act
2 •Where in normal
expectation of not
being observed by
any person
3
On 1st
conviction
Imprisonment of
not less than 1
year which may
extend to 3 years
& with fine
On subsequent
conviction
Imprisonment not
less than 3 years
which may extend
to 7 years
& with fine
 The term “private act” includes an
act
1. That would reasonably expected to
provide privacy or
2. That is not a kind ordinarily done in
public
 NOTE: Where the victim consents
to the capture of the images or any
act, but not to their dissemination
to 3rd person & if it get
disseminated that will be
considered an offence under this
section

32. Material containing sexually explicit
act
• Section 67A provides that
whoever
• Shall be punished
•Publishes
or
•Transmits
1
• Causes to be
• Published or
• Transmits
2 •In
electronic
form
3
•Any material
which contains
sexually explicit
act or conduct
4
On 1st
conviction
Imprisonment
which may extend
to 5 years
& with fine which
may extend to 10
lakhs rupees
On subsequent
conviction
Imprisonment
which may extend
to 7 years
& with fine which
may extend to 10
lacs rupees
 NOTE
• The expression ‘publication or
transmission’ includes dissemination,
storage & transmission of
information or data in electronic
form.( Bennet Coleman & co. V. UOI)
• The term “sexually explicit act or
conduct” has been qualified by the
‘explicit’ meaning thereby that mere
obscene act or conduct may not fall
under this section

33. Cases
• In case of Engineering & Management graduate who
was facing prosecution for harassing his wife for dowry
was caught sending obscene e-mails(that contained
pornographic material, vulgar language etc) in his
wife’s name to several of her relatives, friends & others
in order to harass her further & thus was arrested by
Delhi police.
• There are many websites also that commits defamation
& insulting the modesty of women. For Example, a
website called “Desibaba” contains nude photographs
of many of the Indian bollywood stars.

35. INTRODUCTION
• Child pornography is that visually depicts children(real as
well as computer generated depictions of children) under
the age of 18 years engaged in actual or simulated sexual
activity.
• According to International Criminal Police
Organisation defines it as “means of depicting or
promoting sexual abuse of a child, including print, audio
etc”
• Article 2(c) of the Optional Protocol to the
conventions on the rights of the child on their
sale, prostitution & pornography defines it as “any
representation, by whatever means of a child engaged in
real or simulated explicit sexual activities or representation
of the sexual parts of a child for primarily sexual purposes”

36. HISTORY
• In the US, the first federal law to ban the for-profit
production & distribution of child pornography was the
Protection of Children Against Sexual Exploitation Act
of 1977.
• US congress passed the Child Protection Act of 1984,
broadening the definition of child pornography &
criminalizing child pornography trafficking
• In 2003, congress passed the PROTECT Act,
authorising to convict the offenders of child
pornography
• A bill named Internet Safety Act, intended to stop child
pornography & protect children from online predators

37.  In 1999 investigation on child
pornography which resulted in
multi-national arrests & 7
convicted.
 In 2004 Ukrainian child
pornography raids:
• It was held in July,2004 when
police in Ukraine raided a softcore
child pornography ring.
• The ring had operated since 2001,
& used a modeling agency as a
front . This agency produces
erotic materials & distribute it
over the Internet to various
countries
• The raids were conducted after a
joint investigation between
Ukrainian police & Interpol & it
get completed by 6 april 2005
 In 2007 international
investigation on child
pornography:
• It was an international criminal
investigation into criminal
organization dealing in child
pornography
• Austrian authorities initiated
the investigation in July & were
the ones who uncover the
criminal organisation
• More than 2360 suspects
residing in 77 countries were
investigated

38.  ILO Convention on the
worst form of Child
Labour (November 2001)
• This convention prohibits &
eliminate the worst forms of
child labour that include sexual
exploitation.
• The convention recognizes the
“use, procuring or offering of a
child for prostitution,
production of pornography or
for pornographic
performances” as a worst form
of child labour which requires
immediate elimination &
prohibition as a matter of
urgency
 SAARC Convention on
Preventing &
Combating Trafficking
in Women & Children
(15 November 2005)
• It was the first regional
treaty dealing specifically
with trafficking in South
Asia.
• It advocates criminalization
of trafficking
• It provides elaborate
mechanism to prevent &
combat trafficking in women
& children for prostitution

39. The Information Technology Act,2000
• Under Section 67B five instances of
online child pornography has been
criminalized i.e.
1) Clause (a) is in generic in nature. It
provides that whoever
Note : i) no matters it can in any form
i.e. text, image, audio or video
ii) Even any instance of attempted
publishing, or transmission of child
pornography is also an offence.
 Cases
• U.S. v. Joseph C. Bledsoe:
the defendant was convicted for
knowingly publishing a notice over
the Internet offering to exchange
child pornography . The U.S. Courts of
appeals affirmed the conviction &
sentence.
• U.S. V. Philip M. Sebolt:
the accused was convicted for using
computer to posses, transmit,
advertise child pornography in
violation of US laws.
Publishes
or
transmit
Any
material
depicting
children
In any
sexually
explicit act
or conduct

40. Section 67B clause (b)
• It provides that Whoever
• Any material depicting
children
Creates
text
Creates
digital
images
seeks browses
downloads
Advertises promotes
Exchanges
Distributes
In
obscene
or
Indecent
or
Sexually
explicit
manner
Note: The term material may also include
“pseudo pics” means an images whether made
by computer graphics or otherwise which
appears to be a photographs.
 CASES
Bombay Swiss Couple case: a couple
used to gather slum children & then force them
to appear for obscene photographs. They
would then upload these photographs to
websites . The Mumbai Police arrested them &
they were convicted.
Atkins v. Director of Public Prosecutiolls A
was charged with possession obscene images
of children, which were found in computer’s
memory. It was held by the court that the
person is liable u/s 67B.

41. Section 67B clause (c)
• It deals with all instances of
online ‘grooming’ of children for
sexually explicit purposes
• It involve cultivation, enticement
or induction of children to online
relationship that may offend a
reasonable adult using computer
resource.
• NOTE: the terms “cultivating,
enticing & inducing” have not
been defined so one have to look
into circumstances to draw any
conclusion
 CASES
U.S. v. Jimmy Olive: the accused
was convicted for attempting to
distribute a visual depiction in
order to induce minor to engage in
sexually explicit conduct. He was
sentenced to life imprisonment.
U.S. v. Todd Tykarsky: The
defendant was convicted for using
the internet to send sexually
explicit instant messages to a
minor & arranging to meet her in
another state.

42. Section 67B clause (d)
• It deals with an act
‘facilitation or providing’ any
assistance to abuse children
online.
• NOTE: this may be used
against intermediaries
including cyber cafes for not
taking sufficient due care.
• U.S. V. Jesus Norberto
Evans Martinez: the
defendant was convicted for
sending emails advertising the
creation of a Yahoo! Group for
sharing child pornography
Section 67B clause (e)
• It deals with an act of ‘recording’
own abuse or that of others
pertaining to sexually
• NOTE: mere recording of
sexually explicit act is enough
whether such a recorded text,
images, audio or video is put
into publication or transmission
it is not an issue under this
clause
• The term “recording” here
means capturing such an act on
a recording device or media

43. Proviso to Section 67B
• This section does not extend to any
• Punishment under this section
book pamphlet Paper Writing Drawing Painting figure
Kept or used for
bonafide heritage or
religious purposes
Public good & that is in
interest of science, literature
, art or learning or other
object of general concern
On 1st
conviction
Imprisonment
which may
extend to 5 years
& with fine which
may extend to 10
lakhs rupees
On
subsequent
conviction
Imprisonment
which may
extend to 7 years
& with fine which
may extend to
10 lacs rupees

44. Provisions Under IPC
 Procuration of minor girl (Section
366A) :
 Whoever
a) Induced a girl of below 18 years
b) To go from a place, or to an act
c) With an intent or knowledge that
d) Such girl would be forced, or
seduced to illicit intercourse with a
person
 Shall be punished with
imprisonment upto 10 years & fine
 Importation of girls from foreign
country (Section 366B) :
 Whoever
a) Imports a girl of below 21
b) To India from places outside India
c) With an intent or knowledge that
d) Such girl would be forced, or
seduced to illicit intercourse with
another person
 Shall be punished with
imprisonment upto 10 years & fine

45. • Selling minor for
purposes of
prostitution (Section
372):
• This sec punishes the sale
or letting the hiring of
minors (below the age of
18) for the purpose of
1. Prostitution or
2. Illicit intercourse or
3. For other unlawful &
immoral purposes
• With imprisonment upto
10 years & with fine
• Buying minor for
purposes of
prostitution (Section
373):
• This sec punishes the
buying or hiring of
minors(below the age of
18) for the purpose of
1. Prostitution or
2. Illicit intercourse or
3. For other unlawful &
immoral purposes
• With imprisonment upto
10 years & with fine

46. Effects of Pornography
• Addiction
First Phase
• Escalation
Second Phase
• Desensitization
Third Phase
• Acting
out
Fourth Phase

47. First Phase- Addiction
Characteristics of this phase
• The addiction effect, the consumer gets
hocked
• The material provides a powerful sexual
stimulant or aphrodisiac effect
• This stimulation is followed by sexual
release
• The higher the I.Q of an addict the more
vulnerable they are, this due to a greater
ability to fantasize.
• The person develops an obsession
&compulsion to pornography

49. Second Phase - Escalation
Characteristics of this
phase
• The escalation effect, the addicted
person requires rougher, more explicit
more deviant, more “kinky” kinds of
sexual material to get their sexual
“highs”.
• The compulsion & the deviant factor
begins to have an effect in material
relationships.

50. Third Phase - Desensitization
Characteristics of
this phase
• Materials (books,
magazines, videos) which
was originally perceived as
shocking, taboo, illegal,
repulsive or immoral, in
time came to be seen as
acceptable & commonplace
• This is the legitimization
effect.

51. Fourth Phase – Acting out Sexually
• At this phase the addicted
person only gets deeper &
deeper into the addiction,
if no help or treatment is
sought
• This leads to various crimes
like illegal activities, rape,
illicit sex etc.

52. Moral & Spiritual Effects
• Addiction
• Self destructive behaviour
• Inability to sustain healthy
relationship
• Demeans & objectifies women &
the human body
• The dehumanization of human
dignity
• Divorce
• Increase in crime rate
• Watching internet porn effects
your brain