“Cyber laws for MMS clipping, Child Pornography & their punishment”

Cyber Crimes

We’ve created a list of Cyber laws for cybercrimes, under which section those come and their punishment.

Read more: Data privacy, violation, Cyber Terrorism & more.

Section 67:

Section 67 of Cyber laws deal with publishing or transmitting obscene material in electronic form. Whoever publishes or transmits 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 to read the matter contained in it.

Punishment:

Under the Cyberlaw with first conviction for a term up to three years and a fine of five lakh rupees.

The second conviction is for a term of five years and a fine of ten lakh rupees or both.

This Section is of historical importance since the landmark judgment. In what is considered to be the first-ever conviction under I.T. Act 2000 in India, was obtained in this Section in the famous case “State of Tamil Nadu vs Suhas Katti” on 5 November 2004.

Section 67A:

Publishing or transmitting material containing sexually explicit acts in electronic form is covered in this Section.

Example: The Oshiwara police registered an FIR against Ajay Hatewar. For tweeting defamatory statements against chief minister Devendra Fadnavis and posting a picture of the CM enjoying a vacation with his family in 2011-2012.

Punishment: Is the same as Section 67B

Section 67B: Child-Pornography & MMS clippings comes under this section:

Depicting children engaged in sexually explicit acts, creating text or digital images or advertising or promoting such material depicting children in an obscene or indecent manner, etc, or facilitating abusing children online or inducing children to online relationships with one or more children, etc come under this Section. ‘Children’ means persons who have not completed 18 years of age, for the purpose of this Section.

Screening videography and photographs of illegal activities through the Internet all come under this category, making a pornographic video or MMS clippings or distributing such clippings through mobile or other forms of communication through the Internet fall under this category.

Punishment:

The first conviction is imprisonment for a maximum of five years and a fine of ten lakh rupees.

In the event of subsequent conviction with imprisonment of seven years and a fine of ten lakh rupees.

Section 67C:

This section fixes the responsibility to intermediaries that they shall preserve and retain such information as may be specified for such duration and in such manner as the Central Government may prescribe.

Punishment: Non-compliance is an offense with imprisonment of up to ‘3 years or a fine.

Section 69:

This is quite an interesting section, why? Let me explain. It empowers the Government or agencies as stipulated in the Section, to intercept, monitor, or decrypt any information generated, transmitted, received, or stored in any computer resource, subject to compliance of procedure as laid down here.

This power can be exercised if the Central Government or the State Government. As the case may be is satisfied that it is necessary or expedient in the interest of sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign states or public order.

This section gives the Commentary on the powers to intercept, monitor, and block websites.

This Section 69 of ITAA is far more intrusive and more powerful than the provision of the Indian Telegraph Act 1885. Under this ITAA Section if required the nominated Government official will be able to listen in to all phone calls, read the SMSs and emails, and monitor the websites that one visited, subject to adherence to the prescribed procedures and without a warrant from a magistrate’s order for public safety demands.

Having said this, we should not be oblivious to the fact that this power (of intercepting, monitoring, and blocking) is something which the Government represented by the Indian Computer Emergency Response Team, (the National Nodal Agency, as nominated in Section 70B of ITAA) has very rarely exercised. Perhaps believing in the freedom of expression and having confidence in the self-regulative nature of the industry, the CERT-In has stated that these powers are very sparingly (and almost never) used by it.

Punishment: Penalty for breach of confidentiality and privacy is discussed in Section 72 with the punishment being imprisonment for a term up to two years or a fine of one lakh rupees or both.