Adult blogging site is legal in india?
2 years ago
Hey i am planning to start an adult blogging site( It might be friction) . this does not have any video or pictures and no minors . just adult friction stories . is these type of content illegal , will i face any legal charges . What precautions should i take
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
Before initiating your project you should consider section 67 of the Information Technology Act 2000
where it states that 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.
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Any material which contains visual or otherwise which is obsence in nature is banned by Indian Penal Code. If it is unnoticed there will be no problem. Otherwise you have to face criminal charges.
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Using cyberspace to create, display, distribute, import, or publish pornography or obscene materials. With the advent of cyberspace, traditional pornographic content has now been largely replaced by online/digital pornographic content.
Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment up to 3 years and a fine up to 5 lakhs:
Publication- which would include uploading on a website, whatsapp group or any other digital portal where third parties can have access to such content.
Transmission- this includes sending obscene photos or images to any person via email, messaging, whatsapp or any other form of digital media.
Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.
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