Response

Porn in India is illegal. So earning money is also illegal. None advertisers pay for clicking on ads people are not interested in. Those websites offering such a thing are ÒillegalÓ and donot expect to make money with them.

TheyÕll show you a balance which goes on increasing in your account, but the next time you log-in, you will be surprised to find your account no longer exists.

In India, under the Information Technology Act, 2000, this is a grey area of the law, where it is not prohibited but not legalized either.

Under Section 67 of the Information Technology Act, 2000 makes the following acts punishable with imprisonment upto 3 years and fine upto 5 lakhs:

Publication- which would include uploading on a website, whats app group or any other digital portal where third parties can have access to such content.

Transmission- this includes sending obscene photos or images to any person via email, messaging, whats app or any other form of digital media.

Causing to be published or transmitted- this is a very wide terminology which would end up making the intermediary portal liable, using which the offender has published or transmitted such obscene content. The Intermediary Guidelines under the Information Technology Act put an onus on the Intermediary/Service Provider to exercise due diligence to ensure their portal is not being misused.

Section 67A of the Information Technology Act makes publication, transmission and causing to be transmitted and published in electronic form any material containing sexually explicit act or conduct , punishable with imprisonment upto 5 years and fine upto 10 lakhs.

Reference: Section 67 of the Information Technology Act, 2000

Section 67A of the Information Technology Act, 2000

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LAWAYZ-2023-255