Home  /  Daily Current Affairs  /  18-02-2025 / Obscenity in Online Content

Obscenity in Online Content

Last updated on February 22nd, 2025 Posted on February 18, 2025 by NEXT IAS Current Affairs Team  432

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.
Judiciary’s View on what constitutes as obscene

– Hicklin Test: The test was most famously used by the Supreme Court to ban DH Lawrence’s Lady Chatterley’s Lover in the case of Ranjit D Udeshi vs State Of Maharashtra (1964).
1. The test was established in English Law after the case of Regina vs Hicklin (1868).

– Community Standards Test: The Indian Supreme Court referred to the “community standards” test in Aveek Sarkar v. State of West Bengal (2014). 
1. The courts now apply the contemporary community standards test to judge obscenity, moving away from the rigid Hicklin test.

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

 
Previous article 9 Years of Pradhan Mantri Fasal Bima Yojana (PMFBY)
Next article Andhra Pradesh Promoting Work From Home for Women