This article establishes the legal and societal baseline for what constitutes obscenity in Bharat. In an era where digital content flows freely across borders, understanding obscenity is crucial for preserving cultural integrity and protecting vulnerable sections of society. While traditional laws have long addressed physical forms of indecent material, the rise of online platforms has complicated these definitions.
Tech giants, in their pursuit of global connectivity and user engagement, often host vast amounts of content that may inadvertently clash with local sensibilities, highlighting the need for greater vigilance from users themselves.[1] This article explores the legal frameworks, societal norms, and challenges in defining obscenity, ultimately encouraging individuals to actively participate in curating a safer digital space by reporting and blocking inappropriate content.
1. The Legal Line: Defining Obscenity Under Section 294 of the BNS
The Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code, provides a foundational legal framework for addressing obscenity. Section 294 specifically deals with the sale, distribution, public exhibition, or circulation of obscene books, pamphlets, papers, drawings, paintings, figures, or any other objects, including electronic materials. According to subsection (1), an object is deemed obscene if it is lascivious, appeals to prurient interests, or has the effect of tending to deprave and corrupt persons likely to encounter it, considering all relevant circumstances. This definition emphasizes the potential harm to moral standards rather than mere explicitness.
Punishments under this section are: a first conviction can result in up to two years of imprisonment and a fine of up to ₹2,000, escalating to five years and ₹5,000 for subsequent offenses. Exceptions are made for materials serving public good, such as those in the interest of science, literature, art, or religion, or those associated with ancient monuments and temples. This provision aims to balance freedom of expression with societal protection.
Complementing Section 294, Section 296 of the BNS addresses obscene acts and songs in public places, punishing such behavior with up to three months’ imprisonment or a fine of ₹1,000, or both, if it causes annoyance to others. For digital contexts, the Information Technology Act, 2000 (Section 67), criminalizes the publication or transmission of obscene material in electronic form, with penalties up to three years’ imprisonment and fines. These laws collectively draw a clear line, but enforcement often lags, especially on platforms managed by international tech companies that may not always prioritize swift removal of offending content.
In today’s era where inflation is center of criticism of Government of Bharat, few thousand rupees as fine imposed on such creators will not resolve the problem, if such content is monetized on digital social media platforms. In such cases the platform is also earning as publisher of such content. More the engagement more will be the earning of the platforms. Hence it is necessary to change the relevant provisions so that platforms are also made liable of all these things. In China and USA such policies are in force.[2]
2. Community Standards: How Society Decides What Is Offensive
In Bharat, obscenity is not a fixed concept but one shaped by evolving community standards, as interpreted by the judiciary. Bharatiya courts have historically relied on tests to determine what crosses into the obscene. Initially, in the 1965 case of Ranjit D. Udeshi v. State of Maharashtra, the Supreme Court adopted the British Hicklin test, which assesses whether the material tends to deprave and corrupt those whose minds are open to immoral influences.[3]
However, in the 2014 Aveek Sarkar v. State of West Bengal judgment, the Court shifted to the more contemporary American Roth-Memoirs test, evaluating whether, to the average person applying contemporary community standards, the dominant theme of the material appeals to prurient interest when taken as a whole. This approach recognizes that what is offensive varies by time, place, and cultural context, allowing for a nuanced application rather than a rigid one.[4] The changing approach of judiciary is setting certain harmful trends which are abetting carnal crimes of assaults across the country. But judiciary, parliament, media, and even executive – the four pillars of democracy of a nation are not taking any cognizance of horrifying impact of such material and its easy access to all persons. Such content pollutes minds of all ages including adolescents and age old adults.
Society plays a pivotal role in this process through public discourse, cultural norms, and judicial precedents. For instance, content that objectifies women or promotes vulgarity might be deemed offensive in Bharat’s diverse yet conservative societal fabric, even if it passes muster elsewhere. Yet, tech giants, focused on algorithms that boost engagement, sometimes amplify such material before community feedback prompts moderation, underscoring the importance of collective input in defining offensiveness. As four pillars of democracy are silent on this issue, all we have to raise our voice against such content.
We all come across hoardings of various product adds on streets. These hoardings are full of indecent photos. Such indecency on public place is distracting, but still it is everywhere. The need of such indecent photos is to attract people who are busy in their phones even while driving a vehicle. But is it necessary to use indecency to sell any product? No there is no need. This is increasing because we are not raising our outrageous voice against such content.
3. The Awareness Gap: Why Many Bharatiyas Do Not Know Their Digital Rights
Despite robust legal protections, a significant awareness gap persists among Bhartiyas regarding their digital rights. Surveys and studies indicate that a large portion of the population, particularly in rural areas and among younger users, remains unaware of laws like Section 67 of the IT Act or how to invoke them against obscene content. Factors contributing to this include limited digital literacy, language barriers in legal resources, and the overwhelming pace of technological change.
Many users encounter indecent content on social media or streaming platforms without realizing they have tools to combat it, such as platform-specific reporting mechanisms or legal recourse. Tech companies, while providing global guidelines, often bury reporting features or fail to educate users adequately on local laws, leaving individuals feeling powerless. Bridging this gap requires education campaigns, but in the meantime, empowering oneself starts with simple actions like blocking harmful accounts and reporting violations to foster a more informed community.
4. Digital vs. Physical: Why Online Obscenity Is Harder to Define
Defining obscenity in the physical world, such as in books or public performances, is relatively straightforward, as it involves tangible items or acts subject to immediate scrutiny and local jurisdiction. In contrast, online obscenity is elusive due to its intangible nature, rapid dissemination, and borderless reach. Content can go viral in seconds, crossing from one cultural context to another, making it challenging to apply consistent standards. Hence it is necessary to change the laws and policies so that to do business in this country, tech giants have to respect social moral values of this nation. Even USA has its own guidelines for citizens to resolve the problem of obscene material and to protect its young citizens. Then why Vishwaguru Bharat is lagging behind? Make platforms liable of such content and held them as culprit of abetment of carnal assaults. Mere banning some sites or accounts is not the solution, penalizing such companies is the solution.
Anonymity on digital platforms encourages the creation and sharing of indecent and/or obscene material without accountability, while algorithms on sites run by tech giants may inadvertently promote such content to maximize user retention. Unlike physical media, where distribution can be physically halted, online content persists through shares and mirrors, complicating enforcement. Laws like the IT Act attempt to address this, but the sheer volume overwhelms regulators. This disparity highlights why users must take proactive steps, such as blocking and reporting, to help curb the spread before it escalates. Digital detox program are also helpful in this case as it reduces usage time of a person and thus may cause significant impact.
5. The Global vs. Local Clash: When Western Standards Meet Indian Values
The tension between global and local standards is stark in obscenity regulation. Western tech giants, headquartered in western democracies, often apply uniform content policies that prioritize free expression over cultural specificity. For instance, what might be acceptable in a Western context can offend Bharat’s values rooted in modesty, family, and tradition. But now a days, as studies revealed the psychological imbalance and addiction to such content can lead to criminal tendencies, western countries are trying to restrict such content. It is argued that minors shall not be allowed to use social media. But this is not effective solution, as that minor can access such kind of adult content by using a fake account made using different birth date and year or he/she may use parent’s gadgets. Deleting and prohibiting posting of such content on internet is the solution and for its effectiveness heavy fines, seizing of properties of the platform owner is the key.
Platforms like those from major Silicon Valley firms sometimes delay or inadequately moderate content that violates Bharatiya community standards, citing complexities in global operations or algorithmic challenges. This clash has led to government interventions, such as content takedown orders, but reliance on these companies’ self-regulation often falls short.[5] By softly overlooking local nuances in favor of broader appeal, these entities can contribute to cultural erosion. Such contribution may be unintentional in the name of liberal views, or may be intentional as they don’t want Bharat to grow and become superpower.
Users, however, hold power: by consistently reporting and blocking obscene content, they signal the need for better alignment with Bharatiya values, pressuring platforms to adapt. In reality, many criticize that if we report one account, 10 new accounts will be formed in minutes, posting same content. But still reporting such content is the tool for general public who don’t want to come forward and file a formal police complaint, as procedural laws of Bharat are time consuming. By reporting such content and blocking such creator may impact reach of such content and thus they can be restricted.
In conclusion, defining obscenity in Bharat involves a blend of legal rigor, societal input, and adaptive challenges in the digital age. While tech giants play a central role in content dissemination, their global focus can sometimes sideline local concerns, making user involvement essential. To protect our cultural fabric, let us commit to action such as to block harmful content to shield ourselves and report it diligently to hold platforms accountable. Every report contributes to a cleaner digital ecosystem, empowering society to reclaim its standards.
[1] Big Tech – a dependency risk, Swiss Re Institute, https://www.swissre.com/institute/research/sonar/sonar2024/big-tech-dependency.html
[2] 1.3 Identifying Digital Propaganda vs. Freedom of Expression, Bharat Lex, https://bharatlex-rinkutai.com/digital-propoganda/
[3] Ranjit D. Udeshi v. State of Maharashtra [1965 SCR (1) 65]
[4] Aveek Sarkar v. State of West Bengal [2014 AIR SCW 1201]
[5] Are tech firms giving up on policing their platforms?, Science Direct, https://www.sciencedirect.com/science/article/abs/pii/S0262407925000855
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Why Indians are forced to watch such filth on internet? because Indians are not thinking of long term consequences. The easy money trap is luring young ones to create such content.
This is horrible and still we are not having any definition of obscene content? This is worst situation.