A Division Bench of Chief Justice Vibhu Bakru and Justice CM Poonacha refused to entertain the plea, observing that similar matters regarding obscene content regulation are already under consideration before the Supreme Court.
Bengaluru: The Karnataka High Court dismissed a public interest litigation (PIL) petition that sought to ban websites and apps allegedly displaying obscene and pornographic content.
A Division Bench, consisting of Chief Justice Vibhu Bakru and Justice CM Poonacha, noted that similar matters are currently under consideration by the Supreme Court.
The court stated,
“We are of the opinion that it would not be appropriate to consider the present PIL at this stage. Hence, no order is required.”
In 2015, the Indian government had previously enforced a ban on numerous websites featuring pornographic material, initially blocking over 800 sites as part of an anti-pornography initiative.
However, after concerns emerged regarding the unintended blocking of sites with non-pornographic content, the government revised its approach to focus specifically on child pornography.
The petition submitted to the High Court last year by a law firm urged the court to direct the Central government to impose a ban on pornographic websites and apps, including OnlyFans, Pornhub, and Brazzers. The petitioner also called for stringent action against these platforms for breaching Indian regulations concerning online content.
During the hearing, Deputy Solicitor General of India H Shanti Bhushan informed the court that a related petition is pending before the Supreme Court. Consequently, the High Court decided to close the PIL case.
Under the Information Technology Act, 2000, several sections directly address the publication and transmission of obscene or sexually explicit material in electronic form.
Section 67 penalises anyone who publishes or transmits obscene content through electronic means, prescribing up to three years of imprisonment and a fine of up to five lakh rupees for the first offence. Section 67A goes a step further by covering material containing sexually explicit acts, with punishment extending to five years imprisonment and a fine of up to ten lakh rupees. Section 67B deals specifically with child pornography, prohibiting the creation, distribution, or viewing of material that depicts children in a sexual manner.
In addition, Section 69A of the IT Act empowers the Central Government to block public access to any information or website if it is considered necessary in the interests of public order, decency, or morality.
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This power is exercised through the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. Therefore, if any online platform hosts illegal or obscene content, the government can direct internet service providers to block access to it.
Apart from the IT Act, the Indian Penal Code (IPC) also contains provisions to curb the circulation of obscene material. Sections 292 and 293 criminalise the sale, distribution, and public exhibition of obscene materials, with enhanced penalties if such material is provided to persons below the age of twenty years.