Lok Sabha Question No. 4142 (UNSTARRED), answered on 2018-03-21
Subject: Obscene Advertisements/Videos on Web
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: RAVINDRA VISHWANATH GAIKWAD

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO.4142

TO BE ANSWERED ON: 21.03.2018

## OBSCENE ADVERTISEMENTS / VIDOES ON WEB

## 4142.   PROF. RAVINDRA VISHWANATH GAIKWAD:

Will  the  Minister  of  ELECTRONICS  AND  INFORMATION  TECHNOLOGY  be  pleased  to state:

- (a) whether the Government has taken note of the obscene advertisements/videos being circulated through mobile and internet; and
- (b) if  so,  the details thereof and the steps taken/being taken by the Government to curb such obscene advertisements/videos?

## ANSWER

## MINISTER OF STATE FOR   ELECTRONICS AND  INFORMATION TECHNOLOGY (SHRI K. J. ALPHONS)

(a):  The  cyber  world  is  anonymous  and  universally  available.  With  increasing  usage  of Internet  and  proliferation  of  smart-phone,  vast  amount  of  information/data  is  available  for entertainment, information sharing, education programmes, communication, etc.  However, the  same  can  also  be  misused  by  people  by  circulating  obscene  advertisements/videos through mobile and internet. Any act of publishing or transmission of obscene advertisements/videos is considered cyber crime under the Information Technology (IT) Act, 2000  and  such  instances  can  be  brought  to  knowledge  of  law  enforcement  agencies  for appropriate action.

(b):  The  IT  Act,  2000  together  with  the  Indian  Penal  Code  (IPC),  1860  and  Protection  of Children  from  Sexual  Offences  (POCSO)  Act,  2012  provides  legal  framework  for  dealing with online obscene material including child sexual abuse. Sections 67, 67A and 67B of the IT Act, 2000 provide punishment and fine for publishing or transmission of obscene material in electronic form.

In addition, Section 79 of the IT Act, 2000 provides for certain due diligence to be followed by Intermediaries failing which they would  be liable.  The Information  Technology (Intermediaries  Guidelines)  Rules,  2011  notified  under  section  79  of  the  Act,  inter  alia, specifies  that  the  intermediaries  shall  inform  the  users  of  computer  resource  not  to  host, display,  upload,  modify,  publish,  transmit,  update  or  share  any  information  that  is  grossly harmful, harms minor in any way; violates any law for the time being in force; etc.

Further, Department of Telecommunications (DoT) in their license terms and conditions to Telecom Service Providers (TSPs) have inter-alia mandated that carriage of objectionable, obscene,  unauthorized or  any  other,  content,  messages  or  communications  infringing copyright and intellectual property rights etc. in any form, in the network is not permitted as per  established  laws  of  the  Country.  Once  specific  instances  of  such  infringement  are reported to the Licensee by

the  enforcement  agencies/Licensor,  the  Licensee  shall  take  necessary  measures  to  prevent carriage of such messages in its network immediately.

In  addition,  Government  has  taken  the  following  steps  to  Curb  Child  Pornography/Online Sexual Abuse Materials (CSAM):

- (i) Government periodically blocks the websites containing extreme Child sexual abuse material based on INTERPOL's 'worst of list' received through Central Bureau  of Investigation (CBI)  which  is the national nodal agency  for INTERPOL  in  India.    Department  of  Telecom  (DoT)  periodically  instructs blocking  of  such  websites.  As  on  date  a  total  of  4934  websites  have  been ordered for blocking through Internet Service providers (ISPs).
- (ii) The government has issued an order to concerned ISPs to adopt Internet Watch Foundation (IWF) list of CSAM websites/webpages and block access to child pornography webpages/ websites at gateway level. This list is dynamic and is updated everyday.
- (iii) DoT  has  communicated  to  all ISPs requesting them  to make  suitable arrangement  to  spread  awareness  among  their  subscribers  about  the  use  of Parental Control filters in the end-user machines through messages of email, invoices, SMS, website, etc.
- (iv) Ministry  of  Home  Affairs  (MHA)  is  implementing  a  comprehensive  central sector scheme, namely 'Centre for Cyber Crime Prevention against Women and Children  (CCPWC)' to handle all issues related  to  check  cyber-crime  against women and children including child pornography.
- (v) POCSO E-box portal by National Commission for Protection of Child Rights (NCPCR) was opened for reporting of cyber crime targeting children. NCPCR has now enhanced the scope of POCSO E-box to also handle cyber bullying, cyber stalking, morphing of images and child pornography.  The E-Box is also available as Mobile app at Google/Apple Play Store.
- (vi) Further Hon'ble Supreme court is already hearing a petition on banning/curbing of Pornography on Internet in India.

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