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Explain Laws regarding posting of in appropriate content?

Laws Regarding Posting of Inappropriate Content Online (India)

In cyber law, “inappropriate content” refers to posts, images, videos, messages, or links that violate legal standards of decency, privacy, safety, or intellectual property. While freedom of speech is protected, it is subject to reasonable restrictions relating to decency, morality, defamation, public order, and security. Below is a simple, exam-friendly overview of the key Indian laws that govern posting such content online.

What Counts as Inappropriate Content

  • Obscene, sexually explicit, or pornographic material
  • Content involving children (Child Sexual Abuse Material)
  • Non-consensual intimate images (including morphed/AI-generated nudity)
  • Defamation and character assassination
  • Hate speech, communal incitement, and content hurting religious sentiments
  • Cyberstalking, sexual harassment, threats, and doxxing
  • Copyright/trademark infringement and piracy
  • Fake news and content that may disturb public order

Core Legal Framework

  • Information Technology Act, 2000 and IT (Amendment) Act, 2008
  • Indian Penal Code (IPC)
  • Protection of Children from Sexual Offences (POCSO) Act, 2012
  • Copyright Act, 1957 and Trade Marks Act, 1999
  • Digital Personal Data Protection (DPDP) Act, 2023 (privacy and personal data)
  • IT Rules, 2021 (Intermediary Guidelines and Digital Media Ethics Code)

Key Offences and Provisions

  • Obscenity and Sexually Explicit Content (IT Act)
    • Section 67: Publishing or transmitting obscene material in electronic form.
    • Section 67A: Publishing or transmitting sexually explicit content.
    • Section 67B: Child sexual abuse material (CSAM) – strictly prohibited, including browsing, sharing, or hosting.
  • Privacy and Non-Consensual Images
    • Section 66E (IT Act): Violation of privacy (capturing/publishing images of a private area without consent).
    • IPC 354C/354D/509: Voyeurism, stalking (including online), and insulting the modesty of a woman.
    • DPDP Act, 2023: Posting personal data without consent can attract consequences and takedown.
  • Defamation and Reputation
    • IPC 499–500: Criminal defamation for false statements harming reputation (includes online posts).
  • Hate Speech, Public Order, and Religion
    • IPC 153A/295A/505: Promoting enmity, outraging religious feelings, and spreading rumors likely to cause fear or alarm.
  • Threats, Intimidation, and Extortion
    • IPC 503–506: Criminal intimidation (including threatening messages).
    • IPC 384: Extortion (e.g., threatening to leak private images for money).
  • Copyright and Trademark Infringement
    • Copyright Act, 1957: Illegal sharing of movies, songs, software, or images without permission.
    • Trade Marks Act, 1999: Using someone’s trademark without authorization to mislead users.

Intermediary Liability and Takedown (Social Media, Forums, ISPs)

  • Section 79 (IT Act): “Safe harbour” for intermediaries if they observe due diligence and act on lawful orders. They lose protection if they initiate or abet unlawful content.
  • IT Rules, 2021: Platforms must:
    • Publish terms of use and remove unlawful content upon notice or order.
    • Appoint a Grievance Officer and respond to complaints within timelines.
    • Remove non-consensual intimate images within 24 hours of a user complaint.
    • Provide information to law enforcement within stipulated time when required.
  • Section 69A (IT Act): Government can order blocking of access to content/URLs in the interest of sovereignty, security, public order, etc.

Important Concepts for Exams

  • Mens rea vs. strict liability: Some offences (e.g., CSAM) are treated very strictly; even forwarding or possessing is an offence.
  • Takedown and notice: Victims can send a notice to the platform and seek removal; court/government orders compel faster action.
  • Jurisdiction: Online offences can be investigated where the content was posted, accessed, or where harm occurred.

Defences and Exceptions (Limited)

  • Defamation: Truth for public good and fair comment serve as limited defences.
  • Copyright: Fair dealing for private use, research, criticism, or review (narrow scope online).
  • Intermediary defence: Available only when due diligence is met and unlawful content is removed on notice/order.

If You Are a Victim: Practical Steps

  1. Preserve evidence: Take screenshots, note URLs, and save timestamps.
  2. Report on-platform: Use the platform’s report tools; for intimate imagery, choose the “nudity/non-consensual” category for faster removal.
  3. File a complaint: Use the National Cyber Crime Reporting Portal or visit the nearest cyber police station. Emergency helplines can assist in urgent cases.
  4. Request takedown: Send a concise notice with links, description of harm, and proof of ownership/identity where relevant.

Ethical and Safe Posting Checklist

  • Share only what you created or have permission to use.
  • Never share private images/videos without explicit consent.
  • Avoid defamatory statements; verify facts before posting.
  • Do not post hate speech, threats, or content targeting protected groups.
  • Blur/remove personal identifiers if sharing sensitive content for awareness.
  • Respect platform community guidelines; they often mirror legal requirements.

Exam Summary (8 Marks)

  • Indian law restricts posting of inappropriate content through the IT Act (Sections 66E, 67, 67A, 67B, 69A, 79), IPC (defamation, hate speech, intimidation, obscenity), POCSO (CSAM), and IP laws (copyright/trademarks).
  • Intermediaries enjoy safe harbour only if they follow due diligence under IT Rules, 2021 and act on notices/orders, including 24-hour removal of non-consensual intimate content.
  • Victims should preserve evidence, report to platforms, use the cybercrime portal, and seek takedown. Posting responsibly avoids legal risk and protects digital well-being.