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blocking of porn website-legal provisions

Advocate

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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law officer

yes

 
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Software Professional

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

 

 

 

 
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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

 
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Software Professional

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.

 

 

 
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lawyer/cyber law consultant/cyber crime investigator

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.

 
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Advocate

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.

 
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CyberLaw IPR Consumer software piracy hacking data theft EOW financial crimes trade mark copyright IPR

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

 
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 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.

  

 
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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.

 
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