THE IMPACT OF DIGITAL MEDIA ON OBSCENITY STANDARDS VIS A VIS VAGUENESS OF LAWS IN INDIA

Registration ID: IJNRD_303411

Published ID: IJNRD2502041

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Neha khanna, Rohit Khanna

Indecency, Freedom of expression, Obscene, Vulgar, Fundamental rights.

Obscenity which is a multifaceted concept is deeply rooted in the cultural, legal and moral frameworks and it remains as a contentious subject across different societies. The paper will elaborate and explore the dynamic nature of the word obscenity, encompassing its historical evolution, cultural creativity and legal implications. As it is very much evident that the term “obscenity” have various connotations with respect to region, age, religion and use of technology. Therefore, the paper will delve into the challenges defining obscenity amidst changing societal norms and of course, technological advancements. Additionally, it will examine the psychological and emotional impact on the persons who some way or the other got access to those obscene or absurd content. It needs a broader perspective and a comparable approach to quantify the notion of obscenity. The obscenity is directly related to morality and decency[1]. Hence, what is immoral for one may not be for others because it depends on the moral and cultural values that have shaped that particular country. The Indian Constitution has on one hand guarantee the right to freedom of speech and expression to its citizens while at the same time penal statutes and other legislative Acts discussed within the article have somewhere curtailed this freedom by penalizing those expressions which come within the ambit of the term ‘Obscene’. Because of the presence of ambiguity with the meaning of this term, there were many misunderstandings with the term and hence a lot of challenges were faced by the judiciary. This paper will deal with the legislations relating to the legal status of obscenity in India and tries to compare with the other countries like UK and USA on the same subject matter in order to understand the complexity of the term ‘obscenity’. The paper will also try to illustrate various case laws where the judiciary has misinterpreted and has confused it with nudity, vulgarity and absurdity. Hence, there is a dire need to reform the laws so as to balance the interests of the public at large and as well as to respect the artistic freedom.

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Neha khanna & Rohit Khanna (February-2025). THE IMPACT OF DIGITAL MEDIA ON OBSCENITY STANDARDS VIS A VIS VAGUENESS OF LAWS IN INDIA. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 10(2), a362-a367. https://ijnrd.org/papers/IJNRD2502041.pdf

Volume 10 Issue 2, February-2025

Pages : a362-a367

Paper Reg. ID: IJNRD_303411

Published Paper Id: IJNRD2502041

Research Area: Others area

Author Type: Indian Author

Country: Chandigarh, Chandigarh, India

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