Punishment for Publishing or Transmitting Obscene Material in electronic form

Introduction 

      Publishing or transmitting obscene material in electronic form refers to the act of distributing, sharing, or making available explicit or sexually explicit content through digital means such as the Internet, email, social media, or any other electronic communication platform. 

     The definition of "obscene material" can vary by jurisdiction, but it generally refers to content that is considered offensive or morally objectionable due to its explicit sexual nature. Laws and regulations surrounding the publication or transmission of obscene material are intended to protect individuals, particularly minors, from exposure to explicit content against their will. In India, such act is punishable under Section 67, Section 67A, and Section 67B of the Information Technology Act,2000.

Is it a Crime? 

      Of course Yes, publishing or transmitting obscene material, particularly in electronic form, can be considered a crime in many jurisdictions around the world. As above mentioned, in India, such act is punishable under Section Section 67, Section 67A, and Section 67B. Engaging in the distribution of obscene material can lead to criminal charges, fines, imprisonment, civil liability, and other legal consequences let's see in detail...

1) Punishment for publishing or transmitting obscene material in electronic form. (Section 67)

      Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

2) Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. (Section 67A)

     According to Section 67A of the said Act, whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

 3) Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. (Section 67B)

     As per Section 66B whoever - (a) publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct; or

(b) creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner; or

(c) cultivates, entices or induces children to online relationships with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource; or

(d) facilitates abusing children online, or

(e) records in any electronic form own abuse or that of others pertaining to sexually explicit act with children,

shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

    Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form--

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or

(ii) which is kept or used for bona fide heritage or religious purposes.

Explanation--For the purposes of this section, "children" means a person who has not completed the age of 18 years.

See Also...

1 What is Cyber Terrorism? Punishment for cyber terrorism (Section 66F)

2 Sending offensive messages through communication services, etc (Cyber Law)