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Sanjeev Panda (Advocate)     16 February 2010

Blocking of Porn website-Legal Provisions

Can the p*rn website be blocked / banned by invoking the Section 69A of the Information Technology (Amendment) Act, 2008 read with the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009?

While the newly inserted Section 69A empowers the designated government authority to direct any agency of the government or Intermediary to block any website or transmission of any information to be accessed by the general public. The blocking order can be issued by the designated government authority in the interest of:-

(a) sovereignty and integrity of India,

(b) defense of India,

(c) security of the State,

(d) friendly relations with foreign States or

(e) public order or

(f) for preventing incitement to the commission of any cognizable offence relating to above.

The Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 as the name suggests lays down the procedures, guidelines for blocking of the website or information generated, transmitted via internet for the general public.

The pertinent question is whether the p*rn website attracts any of the clauses mentioned under (a) to (f) stated supra.



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 20 Replies

shrikant chede (law officer)     16 February 2010

yes

Ya_Ta (Software Professional)     17 February 2010

Hi


technically No Its not possible

say there are 40 lac P*rn Sites In net , Who is going to visit & list them for blocking ?

How many peoples required for that can u imagine ?

Every day thousand of New sites are launched who will list them ?

every day thousand of sites hacked & filled with p*orn how u guys can stop them ?

Like goverment cant stop alckohal (Dharu) they cant stop p*rn even USA & CHINA Is not able to stop then how a mere ant like india can stop ???????


USA Make it legal & earing billions of money from that like in india our government make bar shop legal.

 

so its a dream which cant be true in future

If you cant ban bar & alckohal then u cant ban p*rn

 

 

 

sumeet kumar (student)     27 February 2010

well i dnt think dere is ne crime by blocking p*rn sites coj it itself promoting crime lik  p*rnography of little girls ,s*xual harrasement of woman.leav d whole world ,atleast we sud resist to develop ne indian p*rn sites

Ya_Ta (Software Professional)     28 February 2010

Hi


@ Sanjeev Panda : As per New IT ACT Its Clear That In India Only Child Porngraphy Is Illeagal & punishable That the same like USA or UK Rules

 

@ sumeet kumar : You are using tooooooooo short word to express ur view pls clear it.


as i understand ur msg i "There is no crime when u Block p*rn site ". clear it .

Government must fallow usa rules because in usa every site need approval & that sites are blocked by child protector & Browser itself ex net nanny etc.


sites which are running with india content are valid in usa so how u can stop it ? when usa dont want to stop then what can indian doo ???

 

Face The Truth that this cant be happen,

credit card companies say they dont encourage p*rn but 101% sites uses credit card to sell p*rn .

all sites owners are traced by CC Companies But the question is that our government want it ?

 

No , No govenment want to ban becuase they give lots of revene.

 

 

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     01 March 2010

there is new amendment in IT law regarding blocking of p*rn website. but the thing is that it is not that easy to block such websites. the main reasons behind it are most of the sites are hosted on the server of USA where p*rnography is not illegal. It is a business there. also website owner pay high fees to hide their privicy so that for Indian govt its is hard to catch the owners. Just by block  these websites you wont get any fruits. as there are many ways to access blocked websites. Loads of softwares and tricks available online to access blocked websites.

Sanjeev Panda (Advocate)     02 March 2010

The Government by invoking its power u/s 69 A IT Act read with the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 cannot ban the p*rn website. as the conditions subject to which the banning order can be passed are mentioned under Subsection (1) of the Section 69A IT Act. The conditions are (i) in the interest of sovereignty and integrity of India, (ii) defense of India, (iii) security of the State, (iv) friendly relations with foreign States or public order or (v) for preventing incitement to the commission of any cognizable offence relating to the above. As the p*rn website does not fall into any of the aforesaid categories, the government cannot block the p*rn website. However, the same can be blocked by the order of the court. Also the Rule 5 of the Information Technology (Procedures and safeguards for Blocking of Access of Information by Public) Rules 2009 provides that the designated officer can act on the direction of the competent court.

Adv. Prashant Mali [MSc(CS),LL (CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR)     09 April 2010

The Controller of Certifying Authorities (CCA), a government agency under the Department of Information Technology, is the agency that is entrusted under the IT Act to block websites.

India’s government has banned popular toon p*rn site Savitabhabhi.com a soft p*rn site on3rd June 2009 and it continues its action further by lining up websites which spread communal hatred. Even though it violates a our fundamental right provided under our constitution.

Also , looking at the rate from which the cyber crimes committed , govt has this bramhastra , Also rules attached to our IT Act2008 make it most flexible of all

sumeet kumar (student)     12 April 2010

 i dnt got yor comment clearly. but it seems to me that u r against blocking of p*rn sites.

 let me tell u one thing dear that in this world  especially  in INDIA there r millions of registerd p*rn sites which gives link to those p*rn sites  which promotes child prostitution n forced prostitution and i know such sites.so if you r saying that lawyers should quit this money game  (blocking of p*rn sites by them is money game for them} then what u will say for student like us ?are we also doing this for money.

its true that at this time technically we cannot do ne great effort to stop it, but illegally we can n we  will.if  blocking is not enough then something else  we can.

 

and if you r saying that its we who decide what to chose then i will say nxt time whn u see ne p*rn sites think atleast once r the girls doing the job r by will.

  

Parthasarathi Loganathan (Advocate)     14 April 2010

In the interest of next young generation, CHINA has set an healthy example to ban even google and stipulated conditions and authorised sites for the users to ping in.  India can also take a leaf of it.

Parthasarathi Loganathan (Advocate)     14 April 2010

So Goodboy means to convey that access to p*rnographic sites is the fundamental right of children.  He is correct to some extent as he must be unaware of the cyber related crimes that innocent children get exposed to.

sumeet kumar (student)     14 April 2010

 Being myself as the part of the same nation of which  u r a part,i want to ask the goodboy what is the exact definition of fundamental rights what was the need to aamend it in the constitution. well as per my knowledge its not the rights only made for personal wellbeing,its beyond that cheap  mentallity.its linked to the harmony and wellbeing of the community.And being myself of the same age group like you goodboy are i would like to do a survey on thinking direction of today's majority of youngsters.i think its totlly polluted.if you are saying its their choice then i think there should not be any constitution.live as you wish ,go in whatever direction you want to go.

and also i would like to suggest you please  atleast  dont link your desire to view p*rnsites with fundamental rights. this is misuse of rights. Freedom , fundamental  rights, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence" .dear  its the part of constitution so please dont argue on this statement.

And i think p*rnsites in india is danger to india's cultural identity in the world forum.

A straight queston to you do you want kids should start seeing p*rn sites from std  seventh.,coj this is going on. 
 

Parthasarathi Loganathan (Advocate)     14 April 2010

Please don't try to mislead the forum by linking two issues each having different perspective.  It may sound good for argument sake and legal perspective, but is it not the right of every citizen to think and dream of Kalam's 2020? Exercise of so called fundamental rights orchestrated by our goodboy will in no way help us to achieve such dreams.  This is a healthy discussion forum which merits arguments of substance and we will try our best to keep in the same track in the best interests of our society.  All his examples and citations are good and worth for ready but never in the realistic world.

Parthasarathi Loganathan (Advocate)     17 April 2010

Thanks for all your sermons but let us deviate from the main serious issues.

sumeet kumar (student)     17 April 2010

for good boy ,well if legally we cnt then illegally.in the world there are thousands of sites being hacked,so in coming time that may include p*rn sites also.i dnt believe in discussing only sittin in the room i believe in action,those who want to see p*rn sites they should do ,i dont want i will nt but i want to stop them then i wil do my best for that and thats my rights.isnt it?;)


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