MINISTER OF THE STATE IN THE MINISRTY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (SHRI SACHIN PILOT)
(a) and (b): Every infrastructure / service may be used for hosting variety of applications and content of
any nature . The web infrastructure does not distinguish the nature of content. The technology is therefore,
used for purposes which may be liked by one section of society and not liked by other sections of society.
Several groups have hosted web sites with obscene / objectionable content on Internet for variety of purposes.
Such sites can be accessed by all sections of users. Most of such websites are hosted outside the country.
(c): The filtering of web sites with obscene / objectionable content poses a technical challenge. These
websites keep on changing the names, domain addresses and hosting platforms from time to time making it
difficult to filter or block such websites using technical tools available in the market. In addition,
the tools provide filtering to a limited extent only. The tools, in the process, also filter genuine
content and degrade the performance of systems.
The Information Technology Act 2000 amended by the Information Technology (Amendment) Act 2008 with effect
from 27.10.2009 together with the Indian Penal Code 1860, provides legal framework for countering web sites
with obscene / objectionable content including child pornography. Sections 67, 67A and 67B of the Information
Technology Act provides stringent punishment and fine for publishing or transmission of pornography in
electronic form as well as hosting on website any information which is lascivious, or contains sexually
explicit act or conduct, or depicts children engaged in sexually explicit act. Section 67 provides
imprisonment upto three years and fine upto five lakh rupees for first conviction and imprisonment
upto five years and fine upto ten lakh rupees for subsequent convictions. Section 67A and section
67B provides punishment upto five years and fine upto ten lakh rupees for first conviction and
imprisonment upto seven years and fine upto ten lakh rupees for subsequent convictions.
(d) and (e): Do not arise.