“Zero Tolerance Policy On Such Cybercrimes”: Government On Circulation Of Pornographic Material Through Social Media

Minister of state for information technology Rajeev Chandrasekhar said the publication or transmission of electronic material depicting sexually explicit act, is a cybercrime and the government has zero tolerance policy towards any such cybercrimes. The minister was responding to a question asked in the Parliament on policy on the prevention of circulation of pornographic material through social media.

Mr Chandrasekhar said the policies of the Government of India are aimed at ensuring that internet in India is open, safe, trusted and accountable to all users. “Publication or transmission of electronic material depicting sexually explicit act, is a cybercrime. The Government has zero tolerance policy towards any such cybercrimes,” he said.

He added that the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 provide for penalty and punishment for such act and also casts an obligation on the intermediaries, including social media intermediaries, to observe due diligence.

In case of failure to follow diligence as provided in the IT Rules, 2021, by intermediaries, the minister said they shall lose their safe harbour protection under section 79 of the IT Act and shall be liable for consequential action as provided in IT Act, 2000, IT Rules, 2021, Indian Penal Code, 1860 and other applicable laws, as per the rule 7 of the IT Rules, 2021.

The minister was responding to a question by B Parthasaradhi Reddy in Rajya Sabha.

“Such due diligence includes that in case a significant social media intermediary is providing services primarily in the nature of messaging shall enable the identification of the first originator of the information on its computer resource for the purposes of prevention, detection, investigation, prosecution or punishment of an offence to rape, sexually explicit material or child sexual abuse material,” he added.

He said that the IT Act and IT rules have made a framework which cast obligations on the intermediaries, including social media intermediaries, to observe due diligence and provide that if they fail to observe such due diligence, they shall no longer be exempt from their liability under law for third-party information or data or communication link hosted by them.

The minister has also said 6,598 cases have been registered in India publication or transmission of obscene or sexually explicit act in electronic form (Sec.67 of IT Act) under Cybercrimes out of which 2,811 charge sheeted and 123 cases have seen conviction. In the same period, 4,819 persons have been arrested under for these particular cases and 3,547 were charge sheeted and 139 have been convicted.

State/UT-wise Cases Registered(CR), Cases Chargesheeted (CCS), Cases Convicted(CON), Persons Arrested(PAR), Persons Chargesheeted (PCS) and Persons Convicted(PCV) under Publication/transmission of obscene / sexually explicit act in electronic form (Sec.67 of I.T. Act) under Cybercrimes during 2019-2021: