A public interest litigation (PIL) initiated by NGO Janhit Manch had sought a direction to the Union government to ban freely available sexual content on the internet.
Taking into account the differing perceptions of what can be ‘lascivious and prurient’, the Bombay high court, in an order passed last week, turned down a public interest litigation (PIL) seeking a blanket ban on websites with sexual content on the internet.
The PIL initiated by NGO Janhit Manch had sought a direction to the Union government to ban freely available sexual content on the internet.
The PIL said ‘the pornographic and sexual content on the Net was adversely influencing the minds of the country’s youth, who could be misled into delinquency’.
Justice FI Rebello and justice JH Bhatia, however, said the legislature had already enacted a law under which a person aggrieved by web content could seek the prosecution of accused persons under sections 67 and 67A of the Information Technology Act, 2000.
According to Janhit Manch, the government had rightly banned an adult website, www.savitabhabhi.com, and must follow suit in the case of other pornographic and sexually explicit websites as well.
The judges, however, felt that they should not direct authorities to monitor websites. Their order said, “If such an exercise is done, then an aggrieved party, depending on the sensibilities of persons whose views may differ on what is morally degrading or prurient, will be sitting in judgment even before a competent court decides the issue”.
The court said Janhit Manch was free to lodge a complaint against any sites which, according to them, may be publishing or transmitting obscene content.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}