The topic of pornography and its regulation in India has sparked considerable debate and legislative action in recent years. From public interest litigations aiming to ban pornography to protect societal morals and prevent sexual crimes, to the lifting of such bans due to public outcry and concerns over freedom of expression, the issue encompasses a wide array of legal, social, and technological considerations. The legal framework in India around obscenity, the Information Technology Act, and the role of the judiciary and government bodies in regulating online content play significant roles in shaping the discourse. Furthermore, the impact of such regulations on personal privacy, digital freedoms, and cultural values continues to be a contentious issue, reflecting broader societal debates about morality, security, and rights.
Jargon
- IT Act: Refers to the Information Technology Act of India, which provides the legal framework for electronic governance by giving recognition to electronic records and digital signatures.
- Public Interest Litigation (PIL): Legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.
- Obscenity: A legal term that applies to anything offensive to morals and is often equated with the term ‘pornography’. The determination of what constitutes obscenity is subjective and reflects changing community standards.
Left Viewpoint
Ideological Differences
Right Viewpoint
- Opposes broad bans on pornography, highlighting concerns over censorship and the infringement of personal freedoms.
- Advocates for targeted measures to combat child pornography and protect minors without infringing on adult freedoms.
- Supports the role of education and open dialogue about sex and pornography as tools for addressing issues related to sexual content.
- Criticizes the effectiveness of bans for not addressing the root causes of sexual violence and for being easy to circumvent with technology like VPNs.
- Promotes the importance of consent and ethical considerations in adult entertainment industries.
Prominent Voices
- Dr. Karnika Seth (Cyber Law Expert): Emphasizes the need for nuanced laws that focus on extreme pornography and child porn.
- Apar Gupta (Internet Freedom Advocate): Advocates for decriminalizing pornography and incentivizing content that focuses on consent and gender equality.
- Justice PV Kunhikrishnan: States that watching porn in private is a matter of personal choice and privacy, not an offense under current laws.
- Nikhil Pahwa (Digital Rights Activist): Criticizes the ban as ineffective and a violation of free speech.
- Corey Price (Vice President, Pornhub): Argues that the government is using porn sites as a scapegoat without addressing real issues of sexual violence.
- The left tends to focus on the protection of individual freedoms and opposes broad censorship, advocating for targeted actions and public education.
- The right prioritizes societal and cultural values, supporting more stringent measures to regulate morally questionable content.
- While the left views bans as ineffective and potentially infringing on rights, the right sees them as necessary for upholding social order and morality.
- Technological solutions such as internet filtering are supported by the right to control access, whereas the left often critiques these measures as overreaches that harm digital freedoms.
- Both sides recognize the need to combat child pornography, but differ significantly in their approaches to adult pornography.
- Supports bans on pornography citing moral and cultural values, and the potential negative impact on society.
- Advocates for strict enforcement of laws against obscene content to protect societal decency.
- Believes in the governmental responsibility to regulate content that can harm public morality and increase sexual crimes.
- Supports technological measures like internet filtering to prevent access to pornographic material, especially by minors.
- Views the regulation of porn as a necessary measure to uphold cultural values and prevent moral decay.
Prominent Voices
- Kamlesh Vaswani (Lawyer): Argues that pornography is a major cause of societal issues and supports making viewing porn a non-bailable offense.
- Ravi Shankar Prasad (Union Minister): Talks about the government’s duty to ensure a safe and moral digital environment for all citizens.
- Pinky Anand (Additional Solicitor General): Supports government actions to block porn sites in alignment with Supreme Court observations on child pornography.
- Justice Dipak Misra: Emphasizes that obscenity is recognized by law and linked to negative societal behaviors.
- N.N. Kaul (Spokesperson, Department of Telecom): Defends the government’s decision to block access to pornographic websites to protect societal values.
