Internet Freedom of expression and obscenity

In India freedom of expression is guaranteed by lex loci i.e the Constitution of India vide Article 19(1)(a). The freedom is having certain reasonable restrictions under Article 19(2). Obscenity is penalised under Section 292 of Indian Penal Code. It applies to Internet publications also. Likewise, Sections 67, 67A, 67B of the Information Technology Act of India also prescribes penalty for transmission or publication of obscene materials through internet.

Indian Law of Information Technology just like the IPC applies to everyone. Some foreign sites publishing obscene material gives a warning signal before entering the pages. In case you are minor according to the law of your land, you are prohibited from entering the site. But it is only a warning. Everyone irrespective of their age can access the pages by telling that he or she has attained the age of majority. These free usage sites are transmitting sexually explicit content throughout the world which may be viewed by several children also. Indian law, irrespective of the age group of persons viewing the site, has totally barred such sites. In the result any publication which is obscene in electronic form is illegal if it is not in the interest of science, literature, art, learning or other objects of general concern or which is kept or used for bona fide heritage or religious purpose.

There is no express provision in the Indian law of Information Technology for blocking a website on account of any obscene material. But undoubtedly in terms of Constitution of the nation, under Article 19(2), these type of websites can be blocked. In India, CERT-IND shall be the single authority for issue of order for blocking websites.

In United States of America there is a Child Online Protection Act under which the commercial websites need to ensure that obscene materials are not transmitted to minors. Google asked me not to publish any pornographic or adult obscene content in my blog. While enrolling for Adsense also they asked me not to transmit obscene advertisements through my blog. 

However, expressing anything is the liberty of a person. But it should be in conformity with the laws of the nation. What is obscenity and what is not, depends upon each cases and circumstances. In the internet, there is plenty of liberty. Most of the users exploit and misuse it. Many legal things are turned out to be illegal by the conduct of users also, for eg. uploading obscene content to legal websites.

There is a need for specific law or its specific application or a thing like 'doctrine of eclipse' in the case of legal websites which occasionally transmits obscene material by the action of users. There are video sites, chat sites, game sites etc which transmit obscene content uploaded by users. In such cases, the site may not be 

blocked, but the content and in extreme cases and complaints, the user is to be barred. Practical difficulties are still there. I may deal with those in another post.

Now for concluding the post, it can be said that the media of internet is very wide and every rule just as in real world should apply to the electronic-society also.