Uttarakhand HC Directs Ban On Porn Websites, Suspension Of Internet Service Licence On Non-Compliance [Read Order]

The Uttarakhand High Court on Thursday directed implementation of ban on pornographic websites, warning suspension of licenses of Internet Service License Holders if the ban is not complied with.Taking note of a notification issued by the Centre in 2015 in this regard, a Bench comprising Acting Chief Justice Rajiv Sharma observed, “Though the directions were issued to all the Internet Service License Holders, but till date, all the Intermediaries have not followed the same in letter and spirit. The sites are readily available to the children to view obscene and indecent acts, including pornography. It was expected from all the Internet Service License Holders that they would block these sites to protect the children of impressionable age. The psyche of the children of impressionable age is also affected, which, at times, results in commission of crimes. The entire society, including parents, teachers, and school management is responsible to safeguard the interest of the children.”The court has taken suo motu cognizance of news reports pertaining to the gang rape of a minor girl in a boarding school in Dehradun. It noted that instead of taking prompt action against the culprits, the school management tried to hush up the matter. However, FIRs have now been registered against the four accused students under Sections 376 and 201 of the Indian Penal Code and various provisions of the Protection of Children from Sexual Offences Act, 2012.The court now took judicial notice of the increase in such instances, and was told during the hearing that as per news reports, the accused boys watched pornographic movies before sexually assaulting the minor girl.“Unlimited access to these pornographic sites is required to be blocked / curbed to avoid adverse influence on the impressionable mind of the children,” the court then asserted.Thereafter, it noted that the Ministry of Communication & IT, Department of Telecommunications, Government of India had issued a notification in July, 2015 banning pornographic websites. Observing that the directions in this notification have not been implemented in letter and spirit so far, it then issued the following directives: There shall be a direction to all the Internet Service License Holders to punctually obey the Notification dated 31st July, 2015 and to block the publication or transmission of obscene material in any electronic form, transmitting of material containing sexually explicit act or conduct and also publishing or transmitting of material depicting children in sexually explicit act or conduct forthwith. Respondent no.4 is directed to suspend the licenses of the Internet Service License Holders under Section 25 of the Information Technology Act, 2000, if the Notification dated 31st July, 2015 is not complied with. Respondent no. 4 is directed to ensure due compliance of the orders. Respondent State is directed to ensure completion of the inquiry and investigation within a period of eight weeks from today and, thereafter, to put up the Challan in accordance with law in FIR No.390 of 2018, registered at P.S. Sahaspur, District Dehradun.The matter has now been listed on 11 October, with a direction for counter-affidavit to be filed.Read the Order Here

Uttarakhand HC Directs Ban On Porn Websites, Suspension Of Internet Service Licence On Non-Compliance [Read Order]

Apoorva Mandhani

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