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The IUP Journal of Cyber Law
Online PornographyWho is the Culprit and Who is the Victim?
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The importance and the role of Information Technology has been increasing day-by-day in our lives. This article aims at analyzing the possible legal and techno-legal aspects of pornography with specific reference to the recent MMS scandal. Pornography is a global problem and those who engage in the production, exhibition, distribution and consumption of pornography can cause a serious negative impact on the children and the society at large.

Ever since the enactment of Information Technology Act, 2000, the legal experts and the IT experts have been urging the Indian government to amend the Act to meet an array of cyber crimes, but the authorities almost given deaf ear. With the recent scandal of amateur sexual video clip made by two teenage students, the government has set-up a panel to review the four year old Information Technology Act, 2000, which regulates cyberspace including hacking, pornography and digital signatures. Not only this MMS (Mobile Messaging Service) Porno clip scandal, there are many other crimes over the Internet, which have taken place in the last few years. All these crimes have left no clue due to lack of an appropriate binding law.

The word pornography also includes pornographic magazines produced with the help of computers and the Internet and pornographic Websites. The swiftly expanding international access to inexpensive technology has converted child pornography into a small-scale industry. Alteration of images on computer and the feasibility of creating computer generated pornography pose challenges for courts and law enforcement officials throughout the world. In India, the first incident of this kind of cyber pornography is that of Air Force Bal Bharati School. In this case, a student was teased by his peer group in the school for having a pockmarked face. Frustrated with the cruel jokes, he decided to get back to his tormentors. He scanned photographs of his classmates and teachers, morphed them with nude photographs and put them up on a website and uploaded them on a free web hosting service. Action was taken only after the father of one of the girl students', who was featured on the website objected and lodged a complaint. Another major instance of pornography in India is a voyeur doctor who made porno films of his patients in his clinic at Bijnore. Similarly, a Swiss couple in Mumbai gathered children from slum areas and forced them to appear nude for obscene photographs, which were uploaded, to websites specially designed for paedophiles (a paedophile is a person over the age of 16 who is sexually attracted to children usually under the age of 12 or 13). The couple was arrested for pornography. The couple was sentenced to seven years rigorous imprisonment, after a local court found them guilty of forcing minors into pornographic acts and selling obscene material on the Net. The court also ordered the couple to pay a fine of Rs. 9,000 each.

 
 
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