The internet, a double-edged sword, empowers us with a wealth of information and connection but also harbors a darker side. In India, the Information Technology Act, 2000 (IT Act) attempts to navigate this digital landscape, aiming to regulate online content and activities. Today, we embark on a deep dive into Sections 67 and 67A, provisions that have sparked intense debate regarding online expression, censorship, and the delicate balance between the two.
Section 67: Policing Obscenity in the Digital Age
Section 67 acts as a bulwark against the proliferation of obscene content in electronic form. It criminalizes the publishing or transmission of any material that falls under the following categories, as outlined in The Information Technology Act, 2000:
Lascivious in nature: This term refers to content that appeals to or is intended to arouse a prurient interest (unhealthy sexual desires). Here, the key lies in the intent and likely impact on the audience encountering the material.
Appeals to prurient interest: This goes beyond mere nudity and delves into content that explicitly targets or stimulates unhealthy sexual desires.
Tends to deprave and corrupt persons likely to read, see, or hear it: This provision aims to shield vulnerable audiences, particularly minors, from exposure to content deemed likely to have a corrupting or morally degrading influence.
The penalties for violating Section 67 are significant. A first conviction can land you in jail for up to three years, accompanied by a hefty fine of up to ₹5 lakh. Subsequent offenses carry even harsher punishments.
Section 67A: A Short-Lived Attempt at Curbing Explicit Content
Introduced in 2008 through an amendment to the IT Act, Section 67A specifically targeted sexually explicit content online. However, its broad and ambiguous language soon became a source of immense controversy. Here’s why:
Vagueness and Misuse: The act lacked a clear definition of “sexually explicit,” leaving room for subjective interpretations and potential misuse. This ambiguity allowed for arbitrary application of the law, often leading to the silencing of legitimate content deemed offensive by some.
Chilling Effect on Free Speech: The fear of prosecution under this section could deter people from expressing themselves freely online. This could stifle artistic expression, open discourse, and critical commentary, hindering the very essence of a healthy online democracy.
Weaponization for Personal Vendettas: Critics argued that Section 67A was frequently used to silence dissent and settle personal scores. Individuals could file complaints against online criticism or satire, leading to harassment and stifling legitimate voices.
The Landmark Judgement: Shreya Singhal v. Union of India (2015)
In a watershed moment, the Supreme Court of India, in the landmark case of Shreya Singhal v. Union of India (2015), declared Section 67A unconstitutional ([Shreya Singhal v. Union of India, (2015) 5 SCC 1]). The court acknowledged the need to regulate obscenity but held that Section 67A violated the fundamental right to freedom of speech and expression enshrined in Article 19(1)(a) of the Indian Constitution.
The Aftermath and the Road Ahead
While Section 67A met its demise, Section 67 remains in effect. The challenge lies in striking a delicate balance between safeguarding online morality and upholding the right to free expression. Here are some ways forward:
Clearer Definitions: Refining the definition of obscenity within the IT Act can provide greater clarity and prevent misuse. This could involve drawing upon existing legal precedents and incorporating community standards.
Robust Content Moderation Policies: Social media platforms and content creators have a crucial role to play. Implementing robust content moderation policies that are transparent and fair can help address offensive content without stifling legitimate expression.
User Education: Empowering users with the knowledge of responsible online behavior can contribute significantly. This includes promoting digital literacy, fostering critical thinking skills, and encouraging users to report genuinely offensive content.