2. Contents
Internet
Merits and Demerits of internet
Cyber Obscenity
Cyber Obscenity as a crime
Terms Used
Tests of Obscenity
Cases
3. INTERNET
The Internet, sometimes called simply "the Net," is a worldwide system of
computer networks - A means of connecting a computer to any other
computer anywhere in the world via dedicated routers and servers. When
two computers are connected over the Internet, they can send and receive
all kinds of information such as text, graphics, voice, video, and computer
programs.
It was conceived by the Advanced Research Projects Agency (ARPA)
of the U.S. government in 1969 and was first known as the ARPANet.
4. Merits and Demerits Of Internet
Merits
Online Shopping
Benefits for Students Studies
Book Tickets online
Learn Online From Videos
Entertainment
E-mailing
Jobs
Bank Accounts
Buy and Sell etc.
Demerits
Shopping Quality
Loss of Studies
Loss of Money
Viruses & Malware
Accounts Hacking
Frauds
Dark Web on Internet
Governments Data and Files
Wrong News
Wasting Time etc.
5. Cyber Obscenity
Obscenity is the term which differs from person to person on the basis of
their perception.
Something is obscene if it hurts your moral principles (of the portrayal or
description of sexual matters) offensive or disgusting by accepted standards
of morality and decency.
Cyber Obscenity are the acts which publishes transmits causes to be
published “any material”, video files, audio files, text files, images,
animations and even CDs, Web sites, Computer, Cell Phones etc.
6. CYBER OBSCENITY as a
CRIME
Anything which is
lascivious or appeals to
the prurient interest or if
its effect is deprave and
corrupt persons
INDIAN PENAL CODE,1860 and
INFORMATION TECHNOLOGY ACT,2000
are the legislations which describe
obscenity as a crime.
Section 292 of IPC and Section 67 of IT
ACT explains meaning of obscene as:
7. Terms used:
LASCIVIOUS - is something that tends to excite lust.
APPEALS TO – in the context means arouses interest.
PRURIENT INTEREST – is characterized by lustful thoughts.
EFFECT – means to produce or cause some change or event.
TEND TO DEPRAVE AND CORRUPT – in the context of this section means
to lead someone morally bad.
PERSONS – the human beings
8. Test Of Obscenity
INDIAN court adopted the approach of COMMON LAW.
- modified version of HICKLIN TEST (Regina v. Hicklin (1868) destruction of obscene
books.
- MILLER TEST Miller v. California (1973)
Whether "the average person, applying contemporary community standards", would
find that the work, taken as a whole, appeals to the prurient interest,
Whether the work depicts or describes, in a patently offensive way, sexual conduct or
excretory functions[3] specifically defined by applicable state law,
Whether the work, taken as a whole, lacks serious literary, artistic, political,
or scientific value.
9. Cases
Ranjit D. Udeshi vs State Of
Maharashtra on 19 August,
1964
(https://indiankanoon.org/d
oc/1623275/)
Aveek Sarkar v. State of West
Bengal on 3rd February 2014
(https://indiankanoon.org/d
oc/195958005/)
Raj Kapoor And Ors vs State
And Others on 26 October,
1979
(https://indiankanoon.org/d
oc/1547506/)
10. Conclusion
Obscenity is a social evil which can't be solved within a day .It is not the
offenders who transmit or publish this material are responsible to increase
this crime, it's also the public who search for these sites .
So as to really stop this crime we need to restrict our hands from searching
these sites ,providing proper sex education and following strict laws.
11. References
1. "Three Prong Obscenity Test", Professionalism in Computing, Virginia
Tech, retrieved June 28, 2010.
2. https://blog.ipleaders.in/obscenity-and-the-law-in-india-moving-from-
hicklin-test-to-community-standards/
3. https://indconlawphil.wordpress.com/2014/02/07/obscenity-the-
supreme-court-discards-the-hicklin-test/