The prurient, the explicit, the private

In 2015 Point of View started an exploratory study that looked at the two linked concepts of consent and privacy: the first one emanating from sexual rights, the other one from the internet rights. The exploration moved trough different areas, mapping what was available at the time in the public domain:

  1. A review of National Crime Records Bureau (NCRB) data from 2008 – 2014, focusing on three sections of the Information Technology Act (ITA), all of which relate to sexual content:

    • Section 67 dealing with “prurient or lascivious” content,

    • Section 67A dealing with “sexually-explicit” content,

    • Section 66E dealing with “images of private areas … taken without consent”

  2. The review of 100 cases filed under Section 67 in 2014 – dealing with “prurient/lascivious” content to examine legal patterns and correspondingly, and the review of cases filed under Sections 67A and 66E to examine legal patterns, both reviews were carried out by Jasmine Lovely George a lawyer and sexual rights activist.

  3. Documentation of six cases filed under these three sections in Mumbai to understand how these three sections were applied. These cases were provided by a women’s rights non-profit providing legal aid to women.

  4. Finally the scan of high-profile cases reported in the media under any of these three sections. These cases were analysed and documented by Smita Vanniyar, Bhani Rachel Bali and Zahra Adamjee at Point of View.

The presentation with the preliminary findings can be looked here