Lok Sabha Question No. 162 (UNSTARRED), answered on 2022-12-07
Subject: Restriction of Pornographic Websites
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: T.N. Prathapan

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 162

TO BE ANSWERED ON 7.12.2022

## RESTRICTION OF PORNOGRAPHIC WEBSITES

## 162. SHRI T. N. PRATHAPAN:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a)    the  details  of  the  present  stand  of  the  Government  with  regard  to  adult  films  and pornographic content;
- (b)  the  details  about  appropriate  restrictions  imposed/measures  taken  to  regulate  such sensitive subject matters;
- (c)  whether there is a decline in the internet traffic, relating to pornographic websites in the country and if so, the details thereof, State/UT-wise; and
- (d) if not, the steps taken/being taken by the Government to curtail the same during the last three years?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a) to (d):  The policies of the Government are aimed at ensuring an Open, Safe and Trusted and Accountable Internet for its users. With the expansion of the Internet and more and more Indians  coming  online,  the  number  of  Indians  exposed  to  content  on  the  Internet  has  also grown.  The  many  challenges  in  securing  cyberspace  also  flow  from  its  vastness  and borderless  nature.  With  regard  to  pornographic  content/websites,  it  is  informed  that  the Information  Technology  Act,  2000  ('IT  Act')  penalises  publishing  or  transmission  of material  containing  sexually  explicit  act  in  electronic  form  (section  67A  and  67B)  and publishing  or  transmitting  of  obscene  material  in  electronic  form  (section  67),and  makes them  punishable  with  imprisonment  for  a  period  that  may  extend  to  three  and  five  years respectively,  and  as  per  section  77B  such  cybercrimes  are  cognizable  offences.  As  per  the provisions  of  the  Code  of  Criminal  Procedure,  1973,  prevention  and  investigation  of cognizable  offences  is  to  be  done  by  the  police,  and  as  per  the  Seventh  Schedule  to  the Constitution,  'Police'  is  a  State  subject.  As  such,  States  are  primarily  responsible  for  the prevention,  investigation  etc.  of  such  cybercrimes  through  the  State  police  departments, which  take  preventive  and  penal  action  as  per  law,  including  in  respect  of  the  said cybercrimes pertaining to publishing or transmitting of material containing sexually explicit act or obscene material in electronic form.

To help achieve the aim of making Internet Open, Safe and Trusted and Accountable and to strengthen the mechanism to deal with such cybercrimes in a coordinated manner,the Central Government,  in  exercise  of  powers  conferred  by  the  IT  Act,  has  made  the  Information Technology  (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules,  2021.  These rules  cast  specific  obligation  on  intermediaries,  including  social  media  intermediaries,  to observe due diligence and provide that if they fail to observe such due diligence, they shall no longer  be  exempt  from  their  liability  under  law  for  third-party  information  or  data  or communication link hosted by them. Such due diligence includes the following:

- (i) To make reasonable efforts to cause the users not to host, display, upload, modify, publish, transmit, store, update or share, among others, information which, inter alia,

is  obscene,  or  is  invasive  of  another's  bodily  privacy,  or  is  harmful  to  child,  or impersonates another person, or violates any law;

- (ii) Upon receipt of an order from a lawfully authorised government agency, to provide information  or  assistance  for  prevention,  detection,  investigation  or  prosecution under law, or for cyber security incidents;
- (iii) To  have  in  place  a  grievance  redressal  machinery,  and  resolve  complaints  of violation of the rules within 72 hours of being reported and, in case of a complaint by  an  individual  or  her/his  authorised  representative,  remove  within  24  hours  any content which prima facie exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual;
- (iv) In case an intermediary is a significant social media  intermediary ( i.e., an intermediary  having  more  than  50  lakh  registered  users  in  India),  to  additionally observe due diligence in terms of appointing a Chief Compliance Officer, a nodal contact person for 24x7 coordination with law enforcement agencies and a Resident Grievance Officer.

To further strengthen the mechanism to deal with such cybercrimes in a coordinated manner, the Government has also taken several other measures, including the following:

- (i) Government  has  time  to  time  blocked  websites  containing  child  sexual  abuse material (CSAM), based on lists from Interpol received through the Central Bureau of Investigation, India's national nodal agency for Interpol.
- (ii) Government  has  issued  an  order  to  Internet  Service  Providers,  directing  them  to implement  Internet  Watch  Foundation,  UK  or  Project  Arachnid,  Canada  list  of CSAM websites/webpages on a dynamic basis and block access to such webpages or websites.
- (iii) A memorandum of understanding has been signed between India's National Crime Records Bureau and the National Center for Missing and Exploited Children of the United  States  of  America,  for  sharing  of  tipline  reports  on  online  child  explicit material and child sexual exploitation contents from the said Center. The tip lines, as received from the Center, are shared online with States and Union territories through the National Cybercrime Reporting Portal for further action.
- (iv) In 2018, Government directed Internet Service Providers to block 827 websites that hosted pornographic content, following an order by the Uttarakhand High Court.

With  regard  to  adult  films,  it  is  informed  that  the  Central  Board  of  Film  Certification,  a statutory  body  under  the  Ministry  of  Information  and  Broadcasting,  regulates  public exhibition  of  films,  including  adult  films,  under  the  provisions  of  the  Cinematograph  Act, 1952  and  the  Cinematograph  (Certification)  Rules,  1983,  to  ensure  good  and  healthy entertainment.  According  to  the  guidelines  issued  by  the  Board,  films  that  are  considered unsuitable  for  exhibition  to  non-adults  shall  be  certified  for  exhibition  to  adult  audiences only.

The Ministry of Electronics and Information Technology does not collect details of Internet traffic or maintain information in this regard.

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