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  • amrit

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    4 months

    How is obscenity defined

    I was reading an article by The Hindu where this is mentioned "The IT Rules do not completely ban swearing, sex or nudity; they instead require that shows and films that feature these - along with substance abuse and violence - be rated for older audiences. Apart from the IT Rules, the advisory points to other laws to warn streaming providers against content that features obscenity. "Attention is also invited to the provisions of the Indecent Representation of Women (Prohibition) Act, 1986; Bharatiya Nyaya Sanhita (BNS), 2023; the Protection of Children from Sexual Offences (POCSO) Act; and the Information Technology (IT) Act, 2000, wherein publication of obscene/pornographic content is a punishable offence," the advisory reads." I searched for the term obscenity mean in india law perspective then this is what I have found "According to Indian law, "obscenity" is defined under Section 292 of the Indian Penal Code (IPC) as content that is "lascivious," appeals to "prurient interest," or tends to "deprave and corrupt persons" likely to see or read it; essentially meaning material that is excessively sexual, sexually suggestive, or morally harmful, judged based on contemporary community standards. Important aspects of obscenity under Indian law: Intent to arouse: Content is considered obscene if its primary purpose is to arouse sexual thoughts or desires. Depraving effect: The potential to corrupt or morally harm the viewers is a key factor in determining obscenity. Context matters: The context in which content is presented, including artistic merit, can be considered when assessing obscenity " From my understanding the word obscenity seems to have loosly defined what do you guys think?
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