Cyber Violence Against Women - An Examination Of Pornography, Obscenity, And The Law In The Digital Era

Author: LawSphereX

Category: Technology, Cyber & Privacy

Published: 2026-08-23T19:09:13.567966+00:00

Updated: 2026-08-26T17:11:36.057+00:00

CYBER VIOLENCE AGAINST WOMEN: AN EXAMINATION

OF PORNOGRAPHY, OBSCENITY, AND THE LAW IN THE

DIGITAL ERA

Dr. Karuna Machhan, Assistant Professor, HPUILS, Shimla Sonakshi Bandhu, Research Scholar, Department of Law, HPU, Summerhill, Shimla

ABSTRACT

Modern life is increasingly intertwined with technology, especially information technology. Human beings, distinguished by their cognitive and analytical abilities, now heavily rely on IT. Information technology, blending computing and communication, has broken down traditional barriers of time and distance, democratizing access to knowledge. Initially envisioned as an educational tool, the digital revolution has unfortunately also broadened access to pornography, delivering explicit content directly into homes. The expansion of online databases provides unprecedented access to sexually explicit material, impacting both adults and children. This rise in online pornography is linked to serious social problems, including child abuse, violence against women, rape, inequality in relationships, family breakdown, juvenile crime, promiscuity, and the spread of sexually transmitted infections.

Pornographic content is now readily available online through various formats, primarily websites, as well as older communication methods like Usenet. The internet facilitates discussions about sex, enables live sexual acts, and allows the arrangement of sexual encounters remotely. Society has consistently attempted to define the boundaries of acceptable expression, attempting to impose moral standards. Obscenity, clearly defined as an exception to free speech in legal systems, occurs when these lines are crossed. Today, live sex acts and online sexual harassment are widespread. Pornographic material online has received significant attention, often overshadowing the other benefits of the internet. The exploitation and degradation of women are especially visible within this content. Keywords: Information Technology, Pornography, Sex, Cyber Sexual Harassment, Obscenity.

Introduction: “It is a new kind of crime. ” – Minnesota Hennepin County Sheriff Rich Stanek The internet has a dark side, and cyber violence against women and girls is becoming a big problem. With the rise of the internet, social media, and mobile devices, different forms of online abuse have appeared. These include cyber harassment, bullying, stalking, gender-based hate speech, intense arguments (flaming), revenge porn, and sharing personal details online without consent (doxing)1. These harmful actions not only widen the gap between men and women using the internet but also bring gender-based violence into the digital world. They can discourage women and girls from being active online and harm their ability to freely express themselves. This is especially dangerous for women in politics, journalism, and activism.

Young girls face even greater risks, as they are often the targets of severe online abuse2. Factors Contributing to the Rise of Cyber Pornography: • Accessibility: Easy, free, efficient, convenient, and anonymous access to pornographic content via the internet. • Anonymity and Global Reach: The cyber pornography industry enjoys anonymity, operates globally, and faces inconsistencies in legal standards across different countries, hindering law enforcement. The attention given to online pornography has often eclipsed discussions of the medium's positive applications. Technology often circumvents legislative and judicial efforts to regulate human behaviour3. Women's ability to express themselves equally, freely, and fearlessly is severely hampered by online violence and harassment.

Women are disproportionately affected by cyberviolence, which damages their mental health and discourages them from engaging in political, social, and cultural activities. Being a victim of cybercrime can be particularly traumatic for women. This is especially true in India, where societal norms often marginalize women, and legal 1https://www. bing. com/videos/riverview/relatedvideo? q=classifications+of+cyber+crimes&mid=0E91131FC3A 842E7438B0E91131FC3A842E7438B&ajaxhist=0 accessed on 03-02-2025.

2 Dr. Manish Kumar Chaubey, Cyber Crimes and Legal Measures, Regal Publications, New Delhi-2013, p.3

3https://www.coe.int/en/web/cyberviolence/cyberviolence-against-women accessed on 06-02-2025.

systems struggle to adequately address these crimes. Women have faced long-standing challenges regarding violence and reputation, both physically and psychologically, at home and in public spaces. The legal structure in India is still inadequately prepared to address these issues4. Furthermore, the issue of obscenity is complex and intertwined with concepts like decency and morality. Societal interests and the impact of obscene material online raise concerns about cyber obscenity and pornography5. Studies indicate that a significant percentage of women and girls have been targeted by online violence, highlighting the pervasive nature of this problem on digital platforms6. Pornography and obscenity have a detrimental impact on society, with various types of harm linked to the production and distribution of pornographic material.

Participants are often coerced into performing illegal sexual activities7. Victims of cyberharassment often fear the reach of harmful comments or pictures. Once distributed, content becomes virtually impossible to remove, creating a sense of inescapable visibility. Young people hesitate to report incidents to parents due to fear of losing access to technology8. Definitions • Cybercrime: The most dangerous of all crimes due to its potential magnitude, ease of commission, invisibility, disregard for geographical boundaries, difficulty in investigation, and the cost of dealing with it. McConnell International defines it as "harmful acts committed from or against a computer or network9. " 4https://aishwaryasandeep. wordpress. com/2021/11/20/cyber-crime-against-women-and-its-prevention/ accessed on 08-02-2025. 5https://unric.

org/en/cyberviolence-against-women-and-girls-the-growing-threat-of-the-digital-age/ accessed on 11-02-2025. 6https://infosecawareness. in/concept/women/cyberbullying#:~:text=When%20a%20woman%20is%20threatened,be%20as%20%22Cyber%20bullying%22 accessed on 14-02-2025. 7Supranote 2, p. 4 8Susan L. Strauss, Sexual Harassment and Bullying, Tesla Publishers New Delhi-2013, pp. 83-84. 9Dr. Vishwanath Paranjape, Cyber Crime and Law, Central Law Agency, Delhi-2019, p. 37.

Cyber Bullying: Cyberbullying occurs when someone uses the internet, digital technology, or mobile phones to threaten, harass, humiliate, or target a woman. Pornography: • Oxford Dictionary: The explicit description or exhibition of sexual subjects or activity intended to stimulate erotic rather than aesthetic feelings. • Webster Dictionary: (1) texts, images, etc. that are primarily meant to excite sexual desire; (2) the creation of such texts, images, etc. Etymologically, derived from the Greek "Pornographos" (porne prostitute + graphein write), implying prostitution and violence against women. It fosters a desire for closeness with the subject, creating a dangerous power dynamic. Obscenity: According to R. D. Udeshi v. State of Maharashtra10 , it is any content—pictures, etc. —that corrupts brains that are open to immoral impulses. It is also stated that intention was not needed11.

The Rise of Cyber Pornography/Obscenity in the Digital Age The graphic, sexually explicit subjection of women is known as cyber pornography, and it includes images in which women: are treated as commodities or sexual objects, dehumanising them. are portrayed as sexual objects who take pleasure in suffering or being made fun of. are portrayed as sexual objects that enjoy being raped sexually.

10 AIR 1965 SC 881

11 Dr. Amita Verma, Cyber Crime in India, Central Law Publication, Allahbad-2017, pp.65-66.

are displayed as mangled, tied up, sliced, or battered sexual objects. are displayed in positions of servility, sexual submission, or display have their breasts, buttocks, and vaginas displayed, making them into nothing more than parts. are naturally portrayed as whores. are depicted as being pierced by animals or items. are shown in situations that are sexualised and involve degrading, hurting, torturing, filthy, or inferior situations. Pornography has paralleled advancements in science and technology. The affordability of projection equipment led to a surge in video pornographic material. The introduction of cable TV in cities transformed homes into viewing spaces, and liberal sex scenes increased demand for explicit content. The computer revolution further accelerated this trend, leading to today's lifelike video clips readily available online in various formats.

Thus, pornography has evolved from ancient times to the modern internet age, always adapting to technological advancements12. Types of Pornography • Hardcore: Explicit sexual acts involving vaginal or anal penetration, cunnilingus, fellatio, ejaculation, and/or extreme fetish acts. Widely distributed online since the 1990s, sometimes appearing in cartoon form. • Softcore: Less sexually explicit pornography intended to titillate. Depicts nude or seminude performers engaging in social nudity or non-graphic representations of sexual activity. Prohibits explicit depictions of penetration or ejaculation. Full nudity is often permissible. • Child Pornography: Involves sexually explicit photographs and films of children. Includes sexual intercourse, bestiality, masturbation, and 'lascivious exhibition of the

12 Ibid, p.182

genitals or pubic area. ' Globally banned13. Tests for Determining Obscenity • Hicklin Test: (Regina v Hicklin)14 Focuses on whether the material tends to deprave and corrupt those susceptible to immoral influences. • Roth Test: (Roth v. United States)15 Obscenity is not protected by the constitution and deserves to be evaluated by the public using norms from the modern world. The Supreme Court of India has embraced the Hicklin test in the prominent case of Ranjeet D. Udeshi v. State of Maharashtra16 which addresses several issues relating to obscenity. It established that while evaluating the work is essential, the individual obscene material must also be assessed. The aim is to assess whether the content is excessively vulgar and could negatively influence those who are vulnerable to such material17. United States v.

Thomas18 established that the way images are displayed on a computer screen does not affect their accessibility. Obscenity is defined by the prevailing standards of the community in which the material is noticed not its place of origin. To avoid stricter community standards, the defendant must deny access to the material to the person of that community19. In Aveek Sarkar v. State of West Bengal20, the Supreme Court of India underscored the significance of current community standards as opposed to the Hicklin test, underscoring the need to account for modern societal norms when evaluating obscenity. The Court elucidated that pursuant to Section 292(1) of the Indian Penal Code, an item is deemed obscene if: It is lascivious 13https://epgp. inflibnet. ac. in/epgpdata/uploads/epgp_content/S000573AE/P001813/M027948/ET/1519881022N ote_ViolenceagainstWomen. pdf accessed on 19-02-2025.

14 3L.R.Q.B. 360,371 (Q.B. 1868)

15 United States v. Clarke, 38 F.500, 354 U.S. 476, 489-93(1957).

16 AIR 1965 SC 881

17 Dr. Farooq Ahmed, Cyber Crimes. Pioneer Books, New Delhi-2002, pp. 339-340.

18 362 U.S. (58) 1960.

19 Supra note 17, p.341.

20 2014 (4) SCC 257.

It appeals to prurient interests, or It tends to deprave and corrupt those likely to be exposed to it. This departure from the Hicklin test recognizes that obscenity determinations should align with modern societal values. The importance of evaluating content in the context of contemporary community standards is highlighted, providing a fair assessment. Once determined obscene, the question arises whether it fits within any exceptions. Pictures of nude/semi-nude women, by themselves, are not necessarily obscene unless they arouse feelings or reveal overt sexual desire. The images must suggest depravity and incite sexual passion in those who see them, which depends on posture and context. Only materials arousing lustful thoughts can be considered obscene, as judged by the average person applying contemporary community standards21.

Constitutional Safeguards By guaranteeing that no one's life or personal freedom can be taken away without following the proper legal procedures, Article 21 of the Indian Constitution protects the right to privacy, which is a fundamental component of individual freedom and dignity. Rights like the right to life, education, and a healthy environment are also covered by this article. The Supreme Court has maintained that Article 21 guarantees the right to privacy. This right, however, is not unqualified and may be limited in accordance with the principles of proportionality, need, and legality22. According to the Supreme Court, privacy is a fundamental component of other constitutional rights, including Article 21's rights to life and personal liberty. The Gobind v.

State of MP (1975) case introduced the compelling state interest test, which emphasises that substantial public interests should only override individual rights when they are fully justified. This ruling also noted that privacy could be subject to reasonable restrictions meeting proportionality, necessity, and legality requirements. These rulings provide a strong foundation.

21 Dr. Bhagyashree A. Deshpande, Cyber Law, Central Law Publications, Allahabad-2019, pp.135-136.

22 S. Kumar & Priyanka, Distinguish between compulsory winding up and voluntary winding up, 5(5), JOURNAL OF LEGAL STUDIES AND RESEARCH, 154, 157-165 (2019).

The Supreme Court recognized the right to privacy in telephone conversations in the PUCL v. Union of India (1997) case. This was further solidified in Justice K. S. Puttaswamy v. Union of India23, where privacy was declared a fundamental right under Article 21. The judgment emphasized the interrelation of privacy with other essential rights like equality, freedom of speech, and religion, ensuring protection against intrusions into private matters24. In State of Tamil Nadu v. Suhas Katti25, a cyber law case, the accused harassed the victim online after she declined his marriage proposal following her divorce. He created a fake email account using her name and shared offensive material. He was convicted under Sections 469 and 509 of the Indian Penal Code, along with Section 67 of the IT Act. In Shreya Singhal v.

Union of India26, the Supreme Court addressed Section 66A of the IT Act, arguing it violated free speech rights. The Court clarified the distinction between discussion and incitement, finding that Section 66A overly restricted communication, lacked clarity in distinguishing offensive comments from incitement, and violated Article 14 of the Constitution27. Legal Framework for Preventing Cybercrime Against Women The Indecent Representation of Women (Prohibition) Act 1986 should be updated to include virtual environments. The IT Act 2000 and IT Rules 2021 provide punitive measures against offenders in online spaces, though amendment proposals have been pending for a decade. Indian courts tend to prioritize offline offences against women over online ones. Addressing this imbalance will ensure fair justice regardless of the offence's location28.

All transactions via electronic communication now have legal standing in India thanks to the Information Technology Act 2000. Digital contracts, property, and rights are covered under the Act, making it a crime to break these laws. Penalties have been enhanced by the Information Technology (Amendment) Act, 2008. Some cybercrimes may result in life imprisonment and fines of up to Rs. 10 lakhs. Damaging computer systems may lead to compensation of up to

23 K.S. Puttaswamy v. Union of India (2017) 10 SCC 1.

24 Id. p.7

25 State of Tamil Nadu v. Suhas Katti CC No. 4680 of 2004

26 Shreya Singhal v. UOI (2013) 12 SCC 73.

27 M P Jain, Indian Constitutional Law (Lexis Nexis, 8th edn., 2018).

28 P. Tanmay, Empowering Women in Cyberspace 2022, https://www.legalserviceindia.com/legal/article-11912empowering-women-in-cyberspace.html accessed on 25-02-2025.

Rs. 5 crores for impacted individuals. India is among the limited number of countries with an Information Technology Act,2000 to tackle Cybercrimes, but it does not specifically address women's concerns29. Key Information Technology Act Provisions: Section 66A: Covers transmitting inflammatory communications or sending misleading emails, punishable by three years in jail or a fine. Section 66B: Theft of computer resources or equipment, punishable by three years and a fine of one lakh rupees. Section 66C: Electronic signature and identity theft. Section 66D: Cheating using a computer resource, punishable by three years and a fine. Section 66E: Violation of Privacy, disseminating private information without permission, punishable by three years, a fine of two lakh rupees, or both. Section 66F: Cyberterrorism, attempting to undermine the nation's unity, integrity, security, or sovereignty.

Section 67: Covers publication of pornographic materials electronically. The IT Act of 2008 expanded this to include child pornography and the keeping of records by intermediaries. Section 72: Penalties for violating confidentiality and privacy30. Bhartiya Nyaya Sanhita Provisions on Cybercrimes Against Women Sexual Harassment: Section 75. Includes unwelcome physical contact, requests for sexual Favors, showing pornography against a woman's will, or making sexually coloured remarks. Voyeurism: Section 77. Witnessing or recording a woman performing a private act where she Women and Cybersecurity: Creating a More Inclusive Cyberspace 2022, https://www. worldbank. org/en/events/2022/04/26/women-and- cybersecurity-creating-a-more-inclusive-cyberspace accessed on 03-03-2025. 30 G. B. Reddy, Women & The Law including Law Relating to Children (Lex Worth, Gogia Law Publication, 10th edu.

, 2021).

expects to be unobserved, punishable by imprisonment and a fine, with higher penalties for repeat offenses31. Stalking: Section 78. Includes following a woman and persistently attempting to contact her, or tracking her internet use. Insulting Modesty: Section 79. Insulting a woman's modesty through words, gestures, sounds, or objects is punishable with imprisonment and a fine. Organised Crime: Section 111(1). Covers continuing unlawful activities, including cybercrimes and human trafficking. Defamation: Section 356 (1) Publishing any imputation harming a person's reputation32. Electronic Evidence Cybercrimes occur in the virtual world, making evidence intangible and difficult to secure without damage. The Evidence Act has been amended to include electronic evidence alongside paper-based documents.

Section 3: now includes electronic evidence along with paper-based documents, presuming secure electronic records remain unchanged. Section 22 A: states that oral admissions about electronic record contents are irrelevant unless the authenticity of the records is being challenged. Section 66 B: Allows electronic records, whether printed on paper or stored on optical or magnetic media, to be admitted as evidence. Section 131: Safeguards individuals from being forced to provide electronic records that are under someone else's control, unless that person gives consent33. Vaishali, Bharatiya Nyaya Sanhita & provisions regarding cyber-crimes, https://www. linkedin. com/pulse/bharatiya-nyay-sanhita-provisions-regarding-cyber-shintre-bhagwat 69fjf#:~:text=Whoever%20has%20in%20his%20possession,Sanhita%2C%20be%20punished%20with%20impr isonment accessed on 07-03-2025.

32 The Bharatiya Nyaya (Second) Sanhita, 2023, https://prsindia. org/billtrack/the-bharatiya-nyaya-secondsanhita-2023 accessed on 11-03-2025.

33 Dr. Deepti Khubalkar, Cybercrime Laws in India, University Book House, Jaipur-2019, p.120.

The Supreme Court provided an interpretation in the State of Maharashtra v. Dr. Praful B. Desai34 case that while physical presence of a witness is necessary, evidence can be recorded through video conferencing if physical attendance is difficult. Evidence can include video conferencing or electronic records, admissible in criminal matters. Section 65-A establishes that the content of electronic records must be proven in evidence by parties. Subsection (1) of section 65 B makes as document admissible papers, printouts of electronic records stored in any optical device. Amended Sec. 65-B : deals with admissibility of electronic records as evidence in the court of law and states that the computer holding the original electronic records does not need to be produced in courts. In State of India v. Rizvi exports Ltd.

35, The court examined matters regarding the admissibility of digital evidence under Section 65B of the Evidence Act. Recognizing electronic records as valid evidence in legislative and judicial systems has encouraged the increased use of the internet for commercial transactions. Conclusion The rise of cyber pornography and obscenity presents a complex and multifaceted challenge to Indian society and its legal framework. While freedom of speech remains a cornerstone of democracy, the unchecked proliferation of sexually explicit and degrading content online, particularly that which exploits and victimizes women and children, necessitates a reevaluation of existing laws and enforcement mechanisms. The intersection of technology, morality, and constitutional rights requires a nuanced approach that balances individual liberties with the need to protect vulnerable populations from harm.

Further research and policy development are critical to effectively address this evolving threat and ensure a safer, more equitable digital environment for women in India. This requires a commitment to strengthening legal frameworks, improving cyber literacy, and promoting a culture of respect and accountability in the online sphere.

34 (2003) 4 SCC 601.

35 (2003) BC 96 (All).