Although legal provisions exist to control indecent material on the internet, many technical and administrative challenges arise in their actual implementation. The real tragedy today is that the law enforcement machinery does not move at the speed with which criminals use technology. The spread of indecent material is not just a problem of one country; it is a global digital epidemic. Since the internet has no geographical boundaries, criminals sitting in one country can target citizens of another country. This raises major jurisdictional questions for law enforcement agencies. Continuous changes in technology, new methods of hiding information, and vast data make investigating crimes increasingly difficult. Merely making laws will not solve this problem; technical capability and international cooperation are needed for it. These implementation barriers are a major challenge not only for the police machinery but for the entire justice system. Without understanding the nature of these barriers, we cannot reach the root of this problem.
18.1 Jurisdictional Issues: Prosecuting Companies Based Abroad
Most large websites and social media platforms related to indecent material have their main servers in Western countries like America. When indecent content is spread in Bharat and it is a crime under Bharatiya law, taking action against that company becomes extremely difficult. When Bharatiya police seek information from these companies, the companies often refuse to provide it citing their own country’s laws or resort to evasion.[1] But why can they evade in this country? We must also note this. Because we, the citizens and government of this country together, do not tell them that if you want to do business here, you must do it according to our rules. For the social security of the country, we must tell them this and say it clearly in strict words.
These international jurisdictional complications pose a major obstacle in investigations. The legal process (Mutual Legal Assistance Treaty) required to extradite a criminal abroad is extremely time-consuming. Many times, foreign companies challenge the jurisdiction of Bharatiya courts itself. Until an international agreement binds all countries in a uniform framework, gaining complete control over this empire of obscenity operated from abroad seems nearly impossible. This provides criminals with a kind of protective shield.
This is a problem. But if our government takes it seriously, this problem is not that big. If social media companies escape as platforms, rules declaring them criminals should be made to catch them in the grip. If such material is spread from foreign accounts in the country, it should be the platform’s responsibility to block those foreign accounts. If someone is doing this from within the country, the platform itself should provide all details, this rule is also necessary. If not done, heavy financial penalties should be imposed on the platform. Financial penalty is a punishment that benefits both government and society. Along with jail, very heavy financial penalties should be increased in every case. The financial penalty should be so large that the company suffers huge financial loss. If this filth is to be completely curbed, we should start using indigenous platforms instead of foreign social media and collectively boycott these platforms.
18.2 Volume Problem: Why Police Cannot Keep Pace with Upload Speed
Millions of hours of videos and photos are uploaded on the internet every second. The flow of indecent material is so vast that checking it with human eyes or moderating it is impossible. The manpower and technology available to the police machinery fall far short compared to this flow. Criminals spread indecent material from thousands of fake accounts simultaneously. By the time police block one link, hundreds of new links are created.
This ‘problem of scale’ renders investigation agencies helpless. The number of complaints reaching cyber cells is enormous, but the resources needed for technical follow-up of each complaint are not available. To stop this digital flood of indecent material, advanced algorithms are needed, which are currently available only with private companies. Until investigation agencies develop automated technology that matches this speed, criminals’ dominance will continue. Winning this unequal battle solely on manual investigation is difficult.
18.3 Technical Barriers: Questions of Encryption and Data Localization
In today’s era, messaging apps like Telegram or WhatsApp use end-to-end encryption. This means that except for the sender and receiver, no one, not even the company, can view the message. Criminals misuse this feature to distribute indecent material. When police demand data from these companies, they reply, ‘We do not have the key to read that data.’ This makes tracing criminals technically impossible.
The second important question is of data localization. Bharatiyas’ data is stored on servers outside India, requiring confrontation with foreign laws to obtain it.[2] Until all companies are mandated to store their data in India, speed will not come in investigations. In the debate of privacy versus security, criminals exploit encryption. Breaking this technological shield is a major challenge for investigating officers, leaving threads of many serious crimes incomplete.
18.4 Administrative Delays: Slow Pace of Content Removal Requests
When an indecent photo of a woman or child goes viral on the internet, immediate removal (take-down) is the greatest need. However, the delay in this administrative process is horrific for the victim. When police request a website or platform to remove content, the process goes through many departments. The response from these companies’ grievance officers is often extremely slow. Why do police make requests? Is there still a need to strengthen the police department in this regard? The police are protectors and must be powerful.
This delay occurs because companies have to investigate according to their own policies. In the meantime, the indecent photo is downloaded and shared thousands of times. Once the content spreads like wildfire, completely removing it from the internet becomes nearly impossible. Due to this laxity at the administrative level, the justice received by the victim remains merely nominal. Time is the most important factor on the internet, and there is a tremendous lack of this speed in our administrative procedures, directly benefiting those spreading obscenity.
18.5 Lack of Specialized Training: Need for Cyber-Savvy Police
Although the nature of criminality has become digital, a large part of our police force still lacks special training in modern cyber crimes. Investigating cyber crimes requires not just knowledge of laws but technical understanding of IP addresses, server logs, VPN bypassing, and the dark web. Many police stations lack the modern equipment and software necessary for cyber investigation.
When a victim approaches with a complaint, often junior-level police do not understand the seriousness of the crime or how to investigate it. Due to shortage of cyber experts, many crimes are dismissed before registration or mistakes occur in investigation. Criminals are highly educated and technically advanced; to counter them, police also need to be equally technically capable.[3] Until we appoint cyber experts in every police station and provide them continuous training, we will not be able to stop this global web of indecent material.
Modernization and training of the police machinery require money. All money cannot be raised relying on taxpayers. Again, I say that until a law declaring social media platforms criminals is implemented in the country, imposing financial penalties on them is not possible. Platforms’ special treatment in the case of indecent material is only for earning profit. If they are doing business and earning profit, they are equally guilty of this crime. Until heavy financial penalties that damage the company are imposed, these companies will continue fueling this crime.
[1] “Jurisdictional Issues in Cross-Border Contracts: Navigating International Disputes with a Focus on India”, The Legal Quorum, Dt. 20.7.2024, available at: https://thelegalquorum.com/jurisdictional-issues-in-cross-border-contracts-navigating-international-disputes-with-a-focus-on-india/, last visited on 18.12.2025
[2] “As India goes digital, experts raise alarms over sensitive data stored on foreign servers”, F E Transform, Dt. 6.8.2025, available at: https://www.financialexpress.com/business/digital-transformation/as-india-goes-digital-experts-raise-alarms-over-sensitive-data-stored-on-foreign-servers/3938280/, last visited on 18.12.2025
[3] Mihir gupta & dr. Rajeev kumar singh, “cyber crime and investigation in india: role of law enforcement and challenges faced”, Indian Journal Of Legal Review, Volume 5 And Issue 5 OF 2025 APIS – 3920 – 0001 (and) ISSN – 2583-2344
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