Under Section 67 of the IT Act, 2000, what are the legal consequences for sharing obscene material online, and what constitutes 'obscene'?

Detailed Legal Analysis

Under Section 67 of the Information Technology Act, 2000 (IT Act), sharing obscene material online can lead to substantial legal consequences, including imprisonment and fines. This section specifically addresses the publishing or transmitting of obscene material in electronic form.

The legal consequences for violating Section 67 are as follows:

• Imprisonment: A person found guilty can face imprisonment for a term that may extend to three years for the first offense.
• Fines: In addition to imprisonment, the person may be liable to pay a fine that may extend to five lakh rupees.
• Subsequent Offenses: For subsequent offenses, imprisonment may extend to five years, along with a fine that may extend to ten lakh rupees.

To determine what constitutes 'obscene' material, the IT Act does not provide a specific definition. However, it is guided by the standards set in other legal frameworks, including the Indian Penal Code (IPC). According to Section obscenity is evaluated based on community standards and can be defined through the following criteria:

• Appeal to Prurient Interest: The material must appeal to the prurient interest of an average person. This means it is intended to excite lustful thoughts.
• Patently Offensive: The material must depict or describe sexual conduct in a patently offensive way.
• Lack of Serious Value: The work as a whole must lack serious literary, artistic, political, or scientific value.

Additionally, the Supreme Court of India has laid down guidelines in various judgments regarding obscenity, emphasizing the need to consider context, intent, and the audience's perception. For instance, the definition of obscenity may also align with Section 292 of the IPC, which deals with the sale and distribution of obscene books, pamphlets, and films.

In summary, under Section 67 of the IT Act, the sharing of obscene material can lead to severe penalties, and obscenity is assessed based on community standards and the aspects outlined above. It is crucial for individuals to be aware of these laws to avoid legal repercussions.