If you are stuck in such a situation, here is what to do.

A user on a popular online forum, “ConnectSphere,” recently raised a pertinent question: Why are platforms that allow users to post sexually explicit content, even if labelled as “Not Safe For Work” (NSFW), not banned in India, considering the digital transmission of such material is regulated by law? This query, posted by a user named Mr. Sharma, highlights a common confusion regarding the legal landscape governing online content and the responsibilities of social media intermediaries in India.

The core of the issue lies in the legal distinction between a content creator/publisher and an intermediary platform. Indian law, primarily through the Information Technology Act, 2000, and its associated rules, provides a “safe harbour” for intermediaries like social media sites. This means they are generally not held liable for content posted by their users, provided they adhere to certain due diligence requirements. These requirements include having clear terms of service, a mechanism for users to report illegal content, and a commitment to remove such content upon receiving a valid legal order. Therefore, instead of an outright ban, the legal framework focuses on compelling these platforms to regulate and remove unlawful content, striking a balance between freedom of speech and preventing the dissemination of illegal material.

Advice in such cases

If you encounter content online that you believe is illegal, obscene, or harmful, it is important to act responsibly and legally. Here are some steps you can consider:

• Use the Platform’s Reporting Tools: The first and quickest step is to use the reporting feature provided by the social media platform or website itself. Most platforms have clear policies against illegal content and dedicated teams to review user reports.
• Document Everything: Take screenshots or screen recordings of the offensive content, including the URL, the user’s profile name, and any other relevant details. This evidence will be crucial if you decide to escalate the matter.
• File a Complaint on the National Cyber Crime Reporting Portal: You can file a formal complaint online at cybercrime.gov.in. This portal is a Government of India initiative to facilitate the reporting of all types of cybercrimes.
• Approach the Local Police: You can also visit your nearest police station to file a complaint, especially if the content involves a direct threat, harassment, or non-consensual sharing of private images.

Applicable Sections of Law

The legality of online content is governed by several laws, with the Information Technology Act, 2000, being the primary legislation. The new Bharatiya Nyaya Sanhita (BNS) also has provisions related to obscenity.

• Section 67 of the Information Technology Act, 2000: Punishes the publication or transmission of obscene material in electronic form.
• Section 67A of the IT Act, 2000: Deals with the more serious offense of publishing or transmitting material containing sexually explicit acts in electronic form.
• Section 67B of the IT Act, 2000: Specifically addresses child pornography, making it a grave offense to create, transmit, or view such material.
• Section 79 of the IT Act, 2000 & The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: These provide the “safe harbour” for intermediaries. They mandate that platforms must have a grievance redressal mechanism and must take down illegal content when notified by a court or government agency.
• Sections 207-209 of the Bharatiya Nyaya Sanhita, 2023 (BNS): These sections deal with the sale, distribution, and exhibition of obscene books, objects, and other materials, replacing the older IPC sections on obscenity.

If you are the complainant

If you wish to file a formal complaint against someone for posting illegal or obscene content online, here is a structured approach:

• Gather All Evidence: Compile all the screenshots, URLs, user IDs, and any communication related to the offensive content. Ensure the evidence is clear and well-organized.
• Draft a Formal Complaint: Write a detailed complaint explaining the nature of the content, why you believe it is illegal, and who is responsible for posting it. Include all the evidence you have collected.
• File an FIR: Visit the cyber cell or your local police station to file a First Information Report (FIR). The police are obligated to register an FIR if the complaint discloses a cognizable offense.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a victim, for instance, if your private images or videos have been shared online without your consent (often termed ‘revenge porn’), the situation is more severe, and you must act swiftly.

• Do Not Panic: Your safety and well-being are the priority. Reach out to a trusted friend or family member for support.
• Preserve Evidence: Take screenshots and save URLs of where your content has been posted. Do not engage with the perpetrator.
• Report to the Platform: Immediately report the content to the social media platform for urgent takedown. Platforms often have expedited processes for non-consensual intimate imagery.
• File a Police Complaint: Go to the police immediately. Such acts are serious criminal offenses. The police will file an FIR under relevant sections of the IT Act and the BNS.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Upon receiving a complaint related to illegal online content, the police, particularly the cyber crime cell, will typically follow a standard procedure. They will first register an FIR under the appropriate legal sections. The investigation will involve identifying the original uploader of the content. This often requires sending a formal notice (under Section 91 of the Bharatiya Nagarik Suraksha Sanhita, BNSS) to the intermediary platform to obtain the IP address and other user details associated with the offending account. Cooperation from these platforms, which may be based overseas, can sometimes be a time-consuming part of the process. The police will collect all digital evidence and may send devices for forensic analysis before proceeding with arrests and filing a chargesheet.

FAQs people normally have

What evidence is required?

To build a strong case, both the complainant and the police require clear digital evidence. This includes:

• Screenshots or screen recordings of the post, message, or profile.
• The full URL (web address) of the content.
• The username or profile ID of the person who posted the content.
• Timestamps (date and time) of when the content was posted or viewed.
• Any related communication with the perpetrator, if applicable.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. Simple cases where the accused is easily identifiable might be resolved relatively quickly. However, cases involving anonymous accounts, VPNs, or uncooperative international platforms can be complex and take several months or even longer. The process involves technical analysis, forensic examination, and legal procedures with intermediaries, all of which contribute to the timeline. Patience and regular follow-ups with the investigating officer are advisable.

Advocate Sudhir Rao, Supreme Court of India