Pornography in India

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Pornography in India is restricted and illegal in all form including print media, electronic media, and digital media (OTT). Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing pornography is illegal in India. [1] [2] [3] [4]

Contents

India's Supreme Court said "OTT regulation is a necessity as some OTT's are even showing nudity, obscenity and even porn, because of the absence of any proper rules and regulation." [5] [6]

On 22 August 2023, Government of India assured that it will bring rules and regulation to check vulgar and obscene content on social media and OTT platforms. [7] [8] [9]

On 14 March 2024, the Ministry of Information and Broadcasting has banned eighteen OTT apps from Google play store and suspended their all 57 social media accounts including their handles in Facebook, Instagram, YouTube etc. and closed nineteen streaming websites. The banned platform were MoodX, Prime Play, Hunters, Besharams, Rabbit movies, Voovi, Fugi, Mojflix, Chikooflix, Nuefliks, Xtramood, Neon X VIP, X Prime, Tri Flicks, Uncut Adda, Dreams Films, Hot Shots VIP, Yessma. [10] [11] [12]

Legality

Types of publication

Print

Studies have found that print media is less widely accessible than internet media in India. A randomized survey of 96 random vendors, such as video stores, mobile downloads/recharge stores and cybercafés, in Haryana, India found that 17% displayed pornography openly, 34% displayed it semi-openly, and 49% kept it hidden. [20] It is possible that cultural taboos [21] and legal issues (such as those described below) make it more desirable to view pornography in India through internet mediums, such as computers or smartphones, for more privacy. [22]

Internet

Sherlyn Chopra at the launch of Anuradha Sawhney's book 'The Vegan Kitchen Bollywood Style!' (01).jpg
Poonam pandey colors indian telly awards.jpg
Sherlyn Chopra (left) was and Poonam Pandey (right) is very active on adult platform OnlyFans.

Internet pornography has become very popular in India with from 30% up to 70% of total traffic from porn websites. It has become a major portion of traffic and source of data revenue for telecom companies. [23] [22] A popular porn site released viewership data and national capital Delhi recorded up to 40% of all traffic. [24]

One self reporting survey found that 63% of youths in urban areas such as Haryana reported watching pornography, with 74% accessing it through their mobile phones. [20] As smartphone and internet access in India continues to increase, more people will be able to privately view pornography. [25] Quartz has found that 50% of Indian IP addresses accessed popular pornography websites on mobile phones. Online erotic comics have also become popular in India as the internet becomes more readily available to the common citizen. [26]

Judicial opinion

In July 2015, the Supreme Court of India refused to allow the blocking of pornographic websites and said that watching pornography indoors in the privacy of one's own home was not a crime. [27]

Again in 2015, DOT has banned 857 pornographic websites and lifted the ban again and has asked the ISPs to ban only such websites where there is child pornography. [28] [29] [30]

The Supreme Court of India, in Khoday Distilleries Ltd. and Ors. v. State of Karnataka and Ors. - (1995) 1 SCC 574, held that there is no fundamental right to carry on business of exhibiting and publishing pornographic or obscene films and literature. [31]

Kamlesh Vaswani vs. Union of India and ors in 2013 (diary 5917, 2013), a PIL petition was filed in the Supreme Court of India seeking a ban on pornography in India. [32] The Court issued a notice to the central government of India and sought its response. The government informed the Court that the Cyber Regulation Advisory Committee constituted under Section 88 of the IT Act, 2000 was assigned with a brief with regard to availability of pornography on the Internet and it was looking into the matter. [32]

On 26 January 2016, the Supreme Court in written order, instructed govt "to suggest the ways and means so that these activities are curbed. The innocent children cannot be made prey to these kind of painful situations, and a nation, by no means, can afford to carry any kind of experiment with its children in the name of liberty and freedom of expression. When we say nation, we mean each member of the collective". [33]

The Supreme Court has said that it can't stop an adult from viewing pornography or sexually explicit material in private space citing Article 21[right to personal liberty] of the Indian constitution. [34]

Prajwala Letter dated 18.2.2015 VIDEOS OF SEXUAL VIOLENCE AND RECOMMENDATIONS, a suo moto PIL was admitted in Supreme Court (Diary No.- 6818 - 2015). Prajwala NGO pleaded to court to stop rampant circulation of rape videos through mobile application WhatsApp. Supreme court has ordered CBI probe to find and arrest the culprits clearly visible in the rape videos. [35]

Socio-cultural attitudes

Many sex related topics, such as pornography, are considered taboo in traditional Indian households. [21] This trend seems to be rapidly changing, especially in urbanized cities. Researchers have found that the primary sex education of low-income college youth born in the late 1970s to early 1980s in India comes from pornography and conversations amongst their peers, based on focus group discussions, interviews, and surveys. [36] However, due to the internet and increased access for the common citizen, pornography has slowly entered the public discourse, most notably with the outrage towards a 2015 government order to censor 857 websites that contained explicit materials. [37]

Homosexual pornography

Homosexual pornography is not widely available in print, due to the socio-culture taboo surrounding both pornography and homosexuality (see LGBT culture in India). However, Indian IP addresses access both lesbian and gay porn using the internet, with a 213% increase in searches for gay porn from 2013 to 2014. [38] Additionally, the most popular search for pornography amongst females in India, centers on lesbian and gay pornography.

Violence

Important people[ who? ] in media have argued that censoring pornography would decrease rapes in India. There has not been a link between pornography being a significant factor in the rate of crime and violence in India. [39] On the contrary, in other countries, increased availability of porn has been correlated with lower rates of sexual violence. [40] [41] [42]

Sex

Some studies have speculated that pornography influences sex work in India. [43] [44] [45] For instance, one study of 555 female sex workers found that 45% self-reported pornographic influence driving clientele desire for anal sex. [44] In another study, female sex workers reported being asked to perform new sexual acts such as anal sex, masturbation and different sex positions, requests that they believed were due to an increased exposure to pornography. [45] The implications of such work is currently unclear for public health policy in India.

See also

Notes

    Related Research Articles

    <span class="mw-page-title-main">Erotica</span> Category of sexually stimulating media

    Erotica is art, literature or photography that deals substantively with subject matter that is erotic, sexually stimulating or sexually arousing. Some critics regard pornography as a type of erotica, but many consider it to be different. Erotic art may use any artistic form to depict erotic content, including painting, sculpture, drama, film or music. Erotic literature and erotic photography have become genres in their own right. Erotica also exists in a number of subgenres including gay, lesbian, women's, monster, tentacle erotica and bondage erotica.

    <span class="mw-page-title-main">Pornographic film</span> Films that present sexually explicit subject matter in order to arouse and satisfy the viewer

    Pornographic films (pornos), erotic films, adult films, sex films, 18+ films, or also known as blue films, are films that represent sexually explicit subject matter in order to arouse, fascinate, or satisfy the viewer. Pornographic films represent sexual fantasies and usually include erotically stimulating material such as nudity (softcore) and sexual intercourse (hardcore). A distinction is sometimes made between "erotic" and "pornographic" films on the basis that the latter category contains more explicit sexuality, and focuses more on arousal than storytelling; the distinction is highly subjective.

    <span class="mw-page-title-main">Pornography in Japan</span>

    In Japan, pornography has unique characteristics that readily distinguish it from western pornography. Pornographic films are known as "adult videos" (AV) in Japan, so Japanese adult videos (JAV) refers to the Japanese Adult Video industry. Animated films are referred to as hentai in English, but in Japan the terms "adult anime" and "erotic animation" are used. In addition to pornographic videos and magazines featuring live actors, there are now categories of pornographic manga and anime, and pornographic computer games.

    <span class="mw-page-title-main">Pornography in the United States</span>

    Pornography has existed since the origins of the United States, and has become more readily accessible in the 21st century. Advanced by technological development, it has gone from a hard-to-find "back alley" item, beginning in 1969 with Blue Movie by Andy Warhol, the Golden Age of Porn (1969–1984) and home video, to being more available in the country and later, starting in the 1990s, readily accessible to nearly anyone with a computer or other device connected to the Internet. The U.S. has no current plans to block explicit content from children and adolescents, as many other countries have planned or proceeded to do.

    Definitions and restrictions on pornography vary across jurisdictions. The production, distribution, and possession of pornographic films, photographs, and similar material are activities that are legal in many but not all countries, providing that any specific people featured in the material have consented to being included and are above a certain age. Various other restrictions often apply as well. The minimum age requirement for performers is most typically 18 years.

    Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.

    Pornography has been dominated by a few pan-European producers and distributors, the most notable of which is the Private Media Group that successfully claimed the position previously held by Color Climax Corporation in the early 1990s. Most European countries also have local pornography producers, from Portugal to Serbia, who face varying levels of competition with international producers. The legal status of pornography varies widely in Europe; its production and distribution are illegal in countries such as Ukraine, Belarus and Bulgaria, while Hungary has liberal pornography laws.

    <span class="mw-page-title-main">Pornography</span> Portrayal of sexual subject matter

    Pornography is sexual subject material such as a picture, video, text, or audio that is intended for sexual arousal. Made for consumption by adults, pornographic depictions have evolved from cave paintings, some forty millennia ago, to modern virtual reality presentations. A general distinction of adults-only sexual content is made-classifying it as pornography or erotica.

    <span class="mw-page-title-main">Internet censorship in India</span>

    Internet censorship in India is done by both central and state governments. DNS filtering and educating service users in suggested usages is an active strategy and government policy to regulate and block access to Internet content on a large scale. Measures for removing content at the request of content creators through court orders have also become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is an alternative that has been discussed over the years by government bodies.

    <span class="mw-page-title-main">National Center on Sexual Exploitation</span> American organization

    The National Center on Sexual Exploitation (NCOSE), previously known as Morality in Media and Operation Yorkville, is an American conservative anti-pornography organization. The group has also campaigned against sex trafficking, same-sex marriage, sex shops and sex toys, decriminalization of sex work, comprehensive sex education, and various works of literature or visual arts the organization has deemed obscene, profane or indecent. Its current president is Patrick A. Trueman. The organization describes its goal as "exposing the links between all forms of sexual exploitation".

    <span class="mw-page-title-main">Webcam model</span> Livestream video performer

    A webcam model is a video performer who streams on the Internet with a live webcam broadcast. A webcam model often performs erotic acts online, such as stripping, masturbation, or sex acts in exchange for money, goods, or attention. They may also sell videos of their performances. Once viewed as a small niche in the world of adult entertainment, camming became "the engine of the porn industry," according to Alec Helmy, the publisher of XBIZ, a sex-trade industry journal.

    Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution, and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of real minors to make pornographic material. Virtual child pornography depicts purely fictional characters. "Fictional pornography depicting minors," as covered in this article, includes these latter two categories, whose legalities vary by jurisdiction, and often differ with each other and with the legality of real child pornography.

    An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral repugnance and outrage in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to descriptions and depictions of people engaged in sexual and excretory activity.

    Much of the regulation in the adult film industry has been limited to preventing child pornography. To enforce the age of entry restriction, most adult industry production companies are required to have a Custodian of Records that documents and holds records of the ages of all performers.

    <span class="mw-page-title-main">Child pornography laws in the United States</span>

    In the United States, child pornography is illegal under federal law and in all states and is punishable by up to life imprisonment and fines of up to $250,000. U.S. laws regarding child pornography are virtually always enforced and amongst the sternest in the world. The Supreme Court of the United States has found child pornography to be outside the protections of the First Amendment to the United States Constitution. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, and also include variations in severity based on the age of the child involved in the materials, with significant increases in penalties when the offense involves a prepubescent child or a child under the age of 18. U.S. law distinguishes between pornographic images of an actual minor, realistic images that are not of an actual minor, and non-realistic images such as drawings. The latter two categories are legally protected unless found to be obscene, whereas the first does not require a finding of obscenity.

    Simulated child pornography is child pornography depicting what appear to be minors but which is produced without their direct involvement.

    Feminist views on pornography range from total condemnation of the medium as an inherent form of violence against women to an embracing of some forms as a medium of feminist expression. This debate reflects larger concerns surrounding feminist views on sexuality, and is closely related to those on prostitution, BDSM, and other issues. Pornography has been one of the most divisive issues in feminism, particularly in Anglophone (English-speaking) countries. This division was exemplified in the feminist sex wars of the 1980s, which pitted anti-pornography activists against pro-pornography ones.

    Pornography in Pakistan is subject to several legal provisions. The Government of Pakistan has placed ban on internet websites containing such material since November 2011. Major pornography website are already barred in Pakistan. In 2016, it was reported that government of Pakistan ordered Internet Service Providers (ISPs) in Pakistan to block more than 400,000 websites which contained pornographic content. Later in 2019, around 800,000 additional website containing pornographic content were banned by the Pakistan Telecom Authority on the order of government of Pakistan.

    Pornography in Asia includes pornography created in Asia, watched in Asia, or consumed or displayed in other parts of the world as one or more of the genres of Asian pornography.

    There are currently about 57 providers of over-the-top media services (OTT) in India, which distribute streaming media or video on demand over the Internet.

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