What is punishment for uploading obscene video on Facebook?

[Anonymous]

Is it an offence to upload obscene videos on Facebook? Some of my Facebook friends regularly share or upload such obscene videos. If it is offence, how much is punishment? What I can do and if I want to complaint about it then where should I do it? [Note: these friends are only Facebook friends and are not personally known to me.]

[Dr. Ashok Dhamija]

Under Section 67 of the Information Technology Act, any person who publishes or transmits in the electronic form, any obscene material is punishable with imprisonment up to three years and with fine which may extend to five lakh rupees. For subsequent convictions, there are enhanced punishments. The above offence also includes uploading any such obscene material on the Internet, including on Facebook website.

Likewise, Section 67-A of the said Act makes it punishable for any person who publishes or transmits in the electronic form any material which contains sexually explicit act or conduct with imprisonment up to five years and with fine which may extend to ten lakh rupees. Publishing or transmitting any such obscene material, etc., depicting children, or various other objectionable acts online with regard to children, are punishable under Section 67-B of the I.T. Act with imprisonment up to five years and with fine which may extend to ten lakh rupees. For subsequent convictions under both these sections also, there is enhanced punishment. These two sections are also applicable to uploading any such material on the Internet, including on the Facebook.

All these offences are cognizable, which means that the police has the power to register FIR in these cases and investigate them without orders from the court.

Complaints in respect of such cases can be made to the police. You can also inform the Facebook through their options for reporting abusive and objectionable material, whereupon such material may be blocked by them.

These provisions from the Information Technology Act are reproduced below:

“67. Punishment for publishing or transmitting obscene material in electronic form.—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.”

“67-A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.—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.”

“67-B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.—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 relationship 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 discription 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 67-A 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 in 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.”

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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