Lok Sabha Question No. 396 (STARRED), answered on 2022-03-30
Subject: Banning Pornographic Websites
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Parvesh Sahib Singh

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA STARRED QUESTION NO.*396

TO BE ANSWERED ON: 30.03.2022

## BANNING PORNOGRAPHIC WEBSITES

## *396.  SHRI PARVESH SAHIB SINGH VERMA:

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

- (a)  the  details  of  the  current  stance  of  the  Government  with  regard  to  adult  films  and pornographic content;
- (b)  the  details  about  appropriate  bans/measures  that  have  been  put  in  place  to  regulate  such content;
- (c)  whether  the  internet  traffic  directed  towards  pornographic  websites  has  reduced  in  the country and if so, the details thereof, State-wise; and
- (d) if not, the details of the steps taken/being taken by the Government to reduce it during the last three years?

## ANSWER

MINISTER FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI ASHWINI VAISHNAW)

- (a) to (d):  A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN REPLY TO  LOK  SABHA  STARRED  QUESTION NO. *396  FOR 30-03-2022 REGARDING BANNING PORNOGRAPHIC WEBSITES

……….

(a) to (d): Government is committed to have an Open, Safe & Trusted and Accountable internet for the citizens of India.  There are  legal provisions in  Information Technology (IT) Act, 2000 that define publishing or transmitting online pornography as a cyber crime. Further , publishing or transmitting or viewing of material depicting children in sexually explicit act is also a crime as per the IT Act.

To  ensure  the  good  and  healthy  entertainment  in  accordance  with  the  provisions  of  the Cinematograph Act 1952 and the Cinematograph (Certification) Rules 1983, Central Board of Film Certification (CBFC), a Statutory body under Ministry of  Information and Broadcasting, regulates the public exhibition of films including adult films. According to the guidelines issued by them, films which are considered unsuitable for exhibition to non-adults shall be certified for exhibition to adult audiences only.

For online publishers of curated content, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) prescribe the code of ethics. This code requires the publishers to classify content in specified age-appropriate categories, restrict access of age-inappropriate content by children, and implement an age verification mechanism for content classified as 'Adult'.

To  strengthen  the  mechanism  to  deal  with  such  cyber  crimes  including  adult  content  and pornography in a coordinated manner, the Government  has  taken several measures in consultation with various stakeholders which, inter-alia , include the following:

- (i) Rule 3(2)(b) of The Information Technology (Intermediary Guidelines and Digital Media Ethics  Code)  Rules,  2021  notified  under  the  IT  Act  particularly  provides  that  on  a complaint by an individual intermediary shall, within 24 hours, remove 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.
- (ii) Government has been periodically blocking the websites containing extreme child sexual abuse material (CSAM) based on INTERPOL's 'worst of list' received through Central Bureau of Investigation (CBI), the national nodal agency for Interpol in India since 2016.
- (iii) Government has issued an order  in April 2017  to concerned Internet Service Providers (ISPs)  ordering  them  to  implement    Internet  Watch  Foundation  (IWF),  UK  or  Project Arachnid, Canada list of CSAM websites/webpages on a dynamic basis and block access to such  webpages/websites.
- (iv) A MoU has been signed between the National Crimes Record Bureau (NCRB), Ministry of Home Affairs (MHA) and National Center for Missing and Exploited Children (NCMEC),

USA regarding sharing of Tipline reports on online child explicit material and child sexual exploitation contents from NCMEC. The Tip lines, as received from NCMEC, are being shared  with  States/UTs  online  through  Nation  Cybercrime  Reporting  Portal  for  taking further action.

- (v) In 2018, Government directed  Internet Service Providers (ISP) to block 827 websites that host pornographic content following an order by the Uttarakhand High Court.

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