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WCD ministry proposes to widen scope of obscenity law

As part of the proposed changes, the reworked act will carry a penalty similar to that under the Information Technology Act, 2000

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The Centre is mooting a change in the obscenity law to bring in digital advertisements and distribution through a digital device under its ambit. Following the recommendations made by the National Commission for Women and by the Parliamentary Standing Committee, the union ministry of women and child development had proposed changes in the Indecent Representation of Women (Prohibition) Act (IRWA) 1986, to widen its scope.

As part of the proposed changes, the reworked act will carry a penalty similar to that under the Information Technology Act, 2000, which carries a maximum of seven years in jail for transmitting obscene material. Apart from that, an amendment in the definition of advertisement is in the works so as to include digital or electronic forms of advertisements, including hoardings, SMSes, MMSes, etc., apart from a new definition of the term 'publish'.

A Centralised Authority under the NCW will also be created, which will receive complaints on programmes and advertisements about the indecent representation of women. It will be headed by the member secretary, NCW, and will have representatives from the Advertising Standards Council of India, the Press Council of India, and the union ministry of Information and Broadcasting apart from a member with experience of working on women issues.

The ministry, under the UPA government, had introduced the Indecent Representation of Women (Prohibition) Amendment Bill in Rajya Sabha in December 2012, which further referred the Bill to a department-related Parliamentary Standing Committee for consideration.

The Committee and the NCW had carried out consultations in this matter. "Since the enactment of the Act, the technological revolution has resulted in the development of new forms of communication, such as the Internet, multi-media messaging, cable television, over-the-top (OTT) services and applications such as Skype, Viber, WhatsApp, Chat On, Snapchat, Instagram etc," a government release said.

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“Since the enactment of the Act, the technological revolution has resulted in the development of new forms of communication, such as the Internet, multi-media messaging, cable television and applications such as Skype, Viber, WhatsApp, etc,” a government release said

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