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Should the Supreme Court Form Obscenity Rules?

Discussion in 'Hard Talk' started by rajneesh madhok, Feb 11, 2010.

  1. rajneesh madhok

    rajneesh madhok India
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    Why not Supreme Court form Obscenity Prevention Rules

    The Times of India on Mobile

    The point which comes to everybody’s mind that Should Supreme court form obscenity Prevention Rules and get it implemented forthwith to ban the pornographic websites showing explicitly sexual content and selling related material on line. Everybody knows that with such acts, it will spoil the lives of even young children.

    Why not the Govt comes up with a suitable legislation that should be an amendment to the existing IT Act in other words we can call it Obscenity Prevention Act or like that.

    Regards.
    Rajneesh Madhok
     
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  3. spnadmin

    spnadmin United States
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    rajneesh ji

    Have been pondering your question for some time. Here is the most recent information I could find about it.

    One example of a state law is not enforced for three reasons. It (1) is vague and therefore cannot really hit hard at the places on the net where most obscenity occurs, for example chat rooms. (2) it would apply equally to adults as to children and therefore has a lot of opposition. (3) It would regulate the Internet and not achieve its purpose which is to regulate obscenity.

    Therefore the US government is unlikely to act forcefully -- as they would be struck down under the federal laws and US Constitution.

    Article follows. It is not much I know. I will keep investigating this. :)

    --------------------------
    http://www.sikhphilosophy.net/hard-talk/29194-should-supreme-court-form-obscenity-rules.html
    Group: Online obscenity law too vague

    By James Nash THE COLUMBUS DISPATCH
    Publication: The Columbus Dispatch (Ohio)
    Date: Wednesday, October 21 2009

    A state law designed to protect children from "obscene or harmful" material on the Internet is vague enough that it tramples on the rights of adults to view the same content, a trade group of booksellers argued to the Ohio Supreme Court yesterday.

    The 2002 law, which has never been enforced,<!--abembed--> makes it a crime to knowingly send adult material over the Internet to children.The American Booksellers Foundation for Free Expression says the law doesn't account for ever-evolving ways of communicating online, such as chat rooms, bulk e-mail distribution lists, instant messaging and password-protected Web sites.

    <script language="JavaScript"> google_ad_client = 'pub-2905054723170537'; // substitute your client_id (pub-number) google_ad_channel = '6331884817'; google_ad_output = 'js'; google_max_num_ads = '3'; google_ad_type = 'text'; google_feedback = 'on'; </script> <script type="text/javascript" src="http://pagead2.googlesyndication.com/pagead/show_ads.js"> </script><script src="http://googleads.g.doubleclick.net/pagead/test_domain.js"></script><script>google_protectAndRun("ads_core.google_render_ad", google_handleError, google_render_ad);</script><script language="JavaScript1.1" src="http://googleads.g.doubleclick.net/pagead/ads?client=ca-pub-2905054723170537&output=js&lmt=1265914613&num_ads=3&channel=6331884817&ad_type=text&ea=0&feedback_link=on&flash=10.0.42&url=http%3A%2F%2Fwww.allbusiness.com%2Fgovernment%2Fgovernment-bodies-offices-law-courts%2F13268489-1.html&dt=1265914614394&correlator=1265914614402&frm=0&ga_vid=1105608481.1265914614&ga_sid=1265914614&ga_hid=971381088&ga_fc=1&u_tz=-300&u_his=49&u_java=1&u_h=900&u_w=1440&u_ah=878&u_aw=1392&u_cd=24&u_nplug=8&u_nmime=98&biw=1317&bih=725&ref=http%3A%2F%2Fwww.google.com%2Fsearch%3Fhl%3Den%26client%3Dfirefox-a%26rls%3Dorg.mozilla%253Aen-US%253Aofficial%26hs%3D2Xe%26q%3DUS%2Bsolicitor%2Bgeneral%2Bobscenity%26aq%3Df%26aqi%3D%26oq%3D&fu=0&ifi=1&dtd=64"></script> The law "is in plain terms but nobody can figure out what it means," a lawyer for the foundation, Richard M. Zuckerman, told justices.

    Attorney General Richard Cordray's office says the law is clear enough. For someone to be prosecuted for a violation, he or she must knowingly send obscene or harmful material directly to people younger than 18, Ohio Solicitor General Benjamin C. Mizer said.

    "This law is about targeting sexual predators," he said. "This law is not about wholesale regulation of the Internet."
     
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  4. rajneesh madhok

    rajneesh madhok India
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    Dear Dr. Narayanjotji,
    Regards,
    As per The journal of Criminal law & Criminology, published by Northwestern University, School of Law. There is a law in U.S.A. regarding Cyberporn and Cernsorship. So, there are constitutional barriers to preventing access to internet pornography by minors.

    Kindly go through the Decency Act formed in 1996 in U.S.A. This has been formed to curtail the dissemination of pornography to minors via the internet. The Honourable court ahd found two provisions of the Communications Decency Act to be unconstitutional due to their vagueness and chilling effect which it will have on internet communciations.

    I hope the court's rulings and holding is correct in the light of established First Amendment. The Government has a legitimate and compelling interest in protecting minors from sexually explicit material that is and we can say confidentally harmful for the development of children.

    We in India pray to the Honourable Supreme Court to implement the law and take drastic steps for the implementaion for the benefit of coming generation. The pornography is not justified in any case.

    Rajneesh Madhok
     
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  5. spnadmin

    spnadmin United States
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    rajneesh ji

    Yes there is a law. The article I posted mentions that it is difficult to enforce those laws. The point being that wholesale enforcement of the existing laws in the end does not protect children who are exposed to porn by way of email and chat rooms.
     
  6. rajneesh madhok

    rajneesh madhok India
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    Dear Dr. Narayanjyot Kaurji,
    It is a routine now that to find your real e-mail you have to wade through the torrent of fraud and obscenity mails. You keep on marking such type of mails as unsolicited bulk e-mail, Spam but everyday we are getting such type of mails. Looking for love, Your winning lottery, Biggee your ******3 inches in ****days. Live chat Room with Real women. Mails from the banks and so on. Solicit for your assistance in this mutually benefiting business transaction. The methods to make money fast.
    The question is that why not these sort of mails are being filtered as Spam. E-mail millions of Paypal members. You get daily mail about share of Nigerian $ 25 million. Why not it comes to end.
    When Japan, Australia, United States, Korea ***** has implemented laws about pornography and everybody knows that the children and teenagers should not be exposed. So, Why not the act is being implemented for the benefit of masses and the action has not been taken against the violators?
    So, I request the members to raise their voice against the Pornography in Print and Electornic Media for the benefit of coming generation.

    Regards,
    Rajneesh Madhok
     
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  7. spnadmin

    spnadmin United States
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    rajneesh ji

    You are making some excellent points and asking some excellent questions. There is no question that we are being smothered by this filth. People do need to raise their voices because pornography is the most successful money-maker on the Internet.
     
  8. rajneesh madhok

    rajneesh madhok India
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    Dear Dr. Narayanjyot Kaurji,
    The Government is not serious about the ill-effects it will generate by passing the bills in favour of GAys, homosexuals. Now they are creating the havoc in the society that Happy and free to be gay. From the day the Delhi Court has made judgement in favour of homosexuality by striking down Section 377 of the Indian Penal Code, the law that had been in operation from years that punish gay couples even if they were adult and consenting. This can not be said that it is sexual freedom but India is immitating the policies framed by some liberal nations
    By passing laws in favour of homosexuals, bi-sexuals and transgenders for equal rights, everybody knows what scenes in the Parks will be shown, it will be difficult to move to the parks with the tender children by the common citizen. Rather to describe the homosexuality the matter of mental constitution than physical deviance the court is imitating the laws of liberal countries.
    Now the society is adopting heterosexual activities. With such type of incidents the religions, castes, faiths and political persuasions has been persecuted. Everybody knows that the homosexuality is a disease of the body than of the mind. Then why the courts are giving freedom to homosexuals.
    Whether with the new law our society will be benefited. No, never, but who will bell the cat?

    Rajneesh Madhok
     
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  9. spnadmin

    spnadmin United States
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    rajneesh ji

    I think we are going a little off topic at this point. Feel free to start another thread on this subject if you believe it needs to be discussed. Thank you
     

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