Regulating Cyber-Pornography: A Comparative Legal Analysis Of India And International Frameworks
- IJLLR Journal
- Oct 25
- 1 min read
Shreshtha, LL.M., Chandigarh University, India.
Dr. Parneet Kaur, Assistant Professor at UILS, Chandigarh University, India.
ABSTRACT
Cyber-pornography poses intricate regulatory issues at the threshold of technology, morality and legal regulation. In India, the exponentially growing number of internet users has become a matter of increased worry when it comes to online obscenity, child sexual abuse material and digital exploitation. Although the Information Technology Act 2000 and its ancillaries under the Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) defines a framework, lack of clarity exists with respect to enforcement and definition. This study conducts a comparative legal analysis of India’s regulatory approach vis-à-vis international regimes such as the Obscene Publications Act in the U.K., the Communications Decency Act in US and The Budapest Convention on Cybercrime. The paper probes into legislative competence, constitutional limitations and judicial construction in getting the right equilibrium of the freedom speech with that of public morality. Drawing from best practices across the world, it suggests a conformed model for India which includes cyber-specific processes and human rights-friendly content regulation and digital privacy protection.
Keywords: Cyber-pornography; Information Technology Act; Online obscenity; Freedom of expression; Comparative legal analysis; Budapest Convention.
