Mathrubhumi newspaper reports that an Information Technology Amendment Bill which was passed on the last day of Lok Sabha meeting without any discussion could lead to serious consequences. It says that there are 45 amendments to the existing law and some of them, which are seemingly not harmful, are very draconian in nature. However, reading through the bill doesn’t give us much reasons to worry.

(Click here to read the full form of the amendment bill).

http://www.prsindia.org/docs/bills/1192012012/1192012012_96_2006.pdf

Let’s see 67A for example:

67A. Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

And the punishment:

80. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected or having committed or of committing or of being about to commit any offence under this Act.

Mathrubhumi news article says that if you watch, search or download porn in the Internet, you can get imprisoned for 7 years with a fine of Rs. 10 Lakh as per this amendment. Or suppose if somebody else uses your computer to view, search or download porn, you – the owner of the computer – can be arrested. Not only that, some websites display porn site ads when you go there, and you will be punished even for that!

Perhaps the Mathrubhumi reporter is worried about misuse of the word “transmission”. Because when you watch a porn video or image in a website, it actually transmits the file to your computer (in the temporary storage area). But that process doesn’t hold you guilty as it is only the “person who transmits” the material who can be charged guilty. So watching or searching porn sites/images/videos wouldn’t hold you responsible as per this amendment. However, if you send a file, video, email or photo that has sexually explicit content to someone else, it can take you to jail.