Hello... I run a site that provides explicit (they are not completely naked) images and raunchy item songs from Bollywood. I would like to know if this site can be considered to be Pornographic Material and whether I can be persecuted in India. I am not as much concerned about the copyright aspect, but I am more worried about whether this site can be considered as pornography. To view this site, please go to badnaam.in.
s67 of the Indian Information Technology Act 2000 states that online pornography is considered a punishable criminal offence - Para 67 - Publishing of information which is obscene in electronic form. Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or [Ba]ppeals to the prurient interest[/B] 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 five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rupees Then there is the Indecent Representation of Women (Prohibition) Act & the Indian Penal Code. The IT Act is the one with the most serious consequences. It is a matter of working out what constitutes obscenity in electronic form in relation to the target audience. I have read a lot about obscenity in the US v Reno case and US law but I imagine the interpretation would be culturally specific. On a cursory search I havn't found many cases, but I would imagine that the laws in India wouldn't be as permissive as the US. I remember Richard Gere kissing Kardashian was it, and it caused a furore. Isn't kissing out even in Bollywood movies.