The Centre for Internet and Society
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Government may tieup with global police, Interpol to fight child pornography
http://editors.cis-india.org/internet-governance/news/economic-times-september-3-2015-surabhi-agarwal-govt-tie-up-with-global-police-interpol-to-fight-child-pornography
<b>International partnerships, including with the global police network Interpol, could be the basis for India's strategy to counter child pornography after the government's move to ban websites peddling smut backfired last month.</b>
<p style="text-align: justify; ">The article by Surabhi Agarwal was published in the <a class="external-link" href="http://articles.economictimes.indiatimes.com/2015-09-03/news/66178673_1_websites-international-criminal-police-organization-interpol">Economic Times</a> on September 3, 2015. Sunil Abraham was quoted.</p>
<hr />
<p style="text-align: justify; ">The new approach by the ministry of communications and information technology mirrors the system adopted by developed countries, government officials said, representing a targetted attack on child pornography instead of the recent fiasco when the authorities backtracked in the face of protests after banning 857 websites.</p>
<p style="text-align: justify; ">Once it comes on board as a partner, the International Criminal Police Organization will alert India about production, distribution or broadcast of child pornographic content regularly. India will also have access to an Interpol database known as the 'worst of ' list of domains with content containing child sexual abuse.</p>
<p style="text-align: justify; ">"The country is not divided on the issue of child pornography and the government has made a policy statement that it will deal with the problem firmly. So that will be guiding the entire action," a senior government official said. The person said that the government is still studying the model and a call will be taken soon.</p>
<p style="text-align: justify; ">A partnership with the UK-based Internet Watch Foundation, which maintains a database on child pornography and collaborates with the British government, is also being considered.</p>
<p style="text-align: justify; ">Interpol manages a database which uses sophisticated image comparison software to make connections between victims and places. The foundation also maintains a similar database which is constantly updated. It sends alerts to members twice each day.</p>
<p style="text-align: justify; ">"That's the global best practice," said Sunil Abraham, executive director of Bangalore based advocacy group Centre for Internet and Society. "There is no reason for us to reinvent anything; we should just adopt the best practice with some improvements." For a long time, the government and Internet service providers have been passing the buck to each other on this issue, arguing that they don't have the wherewithal to create a database on such content and block it. "This is because as per the Indian laws, anyone who looks at such content even with the motive of blocking it is committing a punishable offense," said Abraham. In August the government said it was banning 857 pornographic websites, only to backtrack amidst widespread criticism and a rap from the Supreme Court. Almost all the websites have been unblocked now with the exception of a few which allegedly contain child pornographic content.</p>
<p style="text-align: justify; ">During the hearing in the Supreme Court, the Internet Service Providers Association of India (ISPAI) said that it is impossible for an ISP to block pornographic sites without orders from the court or department of telecom and that the task of identifying such websites should not be the domain of internet service providers. A decision on the issue will work in the government's favour since the next hearing in the matter is slated for October. "Once the country has access to some list which is authentic and verified, regular action can be taken," a government official said.</p>
<p style="text-align: justify; ">As per initial discussions, the dominant point of view is for ISPAI to be the point of contact between the government and international organisations. It will be tasked with vetting the list and receiving blocking orders from the telecom department so that further action can be taken.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/news/economic-times-september-3-2015-surabhi-agarwal-govt-tie-up-with-global-police-interpol-to-fight-child-pornography'>http://editors.cis-india.org/internet-governance/news/economic-times-september-3-2015-surabhi-agarwal-govt-tie-up-with-global-police-interpol-to-fight-child-pornography</a>
</p>
No publisherpraskrishnaObscenityPornographyInternet GovernanceCensorship2015-09-27T10:25:44ZNews ItemMufti Aijaz Arshad Qasmi v. Facebook and Ors (Order dated December 20, 2011)
http://editors.cis-india.org/internet-governance/resources/order-2011-12-20-mufti-aijaz-arshad-qasmi-v-facebook-and-ors
<b>This is the order passed on December 20, 2011 by Addl. Civil Judge Mukesh Kumar of the Rohini Courts, New Delhi. All errors of spelling, syntax, logic, and law are present in the original.</b>
<p>Suit No 505/11</p>
<p>Mufti Aijaz Arshad Qasmi<br />
vs.<br />
Facebook etc.</p>
<p>20.12.11</p>
<p>Fresh suit received by assignment. It be checked and registered.</p>
<p>Present: Plaintiff in person with Ld. Counsel.</p>
<p>Ld. Counsel for plaintiff prayed for ex-parte ad-interim injunction. He has filed the present suit for permanent and mandatory injunction against 22 defendants who are running their social networking websites under the name of Facebook, Google India (P) Ltd., Yahoo India (P) Ltd., Microsoft India (P) Ltd., Orkut, Youtube etc as shown in the memo of parties in the plaint. It is submitted that plaintiff is an active citizen of India and residing at the given address and he believes in Secular, Socialist and Democratic India professing Muslim religion. It is further submitted that the contents which are uploaded by some of the miscreants through these social networking websites mentioned above are highly objectionable and unacceptable by any set of the society as the contents being published through the aforesaid websites are derogatory, per-se inflammatory and defamatory which cannot be acceptable by any of the society professing any religion. Even if the same is allowed to be published through these social networking websites and if anybody will take out the print and circulated amongst any of the community whether it is Muslim or Hindu or Sikh, then definitely there would be rioting at mass level which may result into serious law and order problem in the country. Where the miscreants have not even spare any of the religion, even they have created defamatory articles and pictures against the Prophet Mohammad, the Hindu goddess Durga, Laxmi, Lord Ganesha and many other Hindu gods which are being worshiped by the people of Hindu community. It is prayed by the counsel for plaintiff that the defendants may be directed to remove these defamatory and derogatory articles and pictures from their social websites and they should be restrained from publishing the same anywhere through Internet or in any manner. It is further submitted that the social websites are being utilised by the every person of whatever age of he is whether he is 7 years old or 80 years old. These defamatory articles will certainly corrupt not only young minds below the 18 years of age but also corrupt the minds of all age group persons. It is further submitted that even the miscreants have not spared the leaders of any political party whether it is BJP, Congress, Shiv Sena or any other political party doing their political activities in India, which may further vitiate the minds of every individual and may result into political rivalry by raising allegations against each other.</p>
<p>I have gone through the record carefully wherein the plaintiff has also filed a CD containing all the defamatory articles and photographs, plaintiff also wants to file certain defamatory and obscene photographs of the Prophet Mohammad and Hindu Gods and Goddesses. Photographs are returned to the plaintiff, although, the defamatory written articles are taken on record. Same be kept in sealed cover.</p>
<p>In my considered opinion, the photographs shown by the plaintiff having content of defamation and derogation against the sentiments of every community. In such circumstances, I am of the view that the plaintiff has a prima facie case in his favour. Moreover, balance of convenience also lies against the defendants and in favour of the plaintiff. Moreover, if the defendants will not be directed to remove the defamatory articles and contents from their social networking websites, then not only the plaintiff but every individual who is having religious sentiments would suffer irreparable loss and injury which cannot be compensated in terms of money. Accordingly, in view of the above discussion, taking in consideration the facts and circumstances and nature of the suit filed by the plaintiff where every time these social networking websites are being used by the public at large and there is every apprehension of mischief in the public, the defendants are hereby restrained from publishing the defamatory articles shown by the plaintiff and contained in the CD filed by the plaintiff immediately on service of this order and notice. Defendants are further directed to remove the same from their social networking websites.</p>
<p>Application under Order 39 Rule 1 & 2 CPC stands allowed and disposed of accordingly.</p>
<p>Summons be issued to the defendants on filing of PF/RO/Speed Post. The defendants having their addresses in different places may be served as per the provisions of Order 5 CPC. Reader of this court is directed to keep the documents and CD in a sealed cover. Plaintiff is directed to get served the defendants along with all the documents. Plaintiff is further directed to ensure the compliance of the provisions under Order 39 Rule 3 CPC and file an affidavit in this regard. Copy of this order be given dasti.</p>
<p>Put up for further proceedings on 24.12.11.</p>
<p>Sd/-<br />
(Mukesh Kumar)<br />
ACJ-cum-ARC, N-W<br />
Rohini Courts, Delhi<br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/resources/order-2011-12-20-mufti-aijaz-arshad-qasmi-v-facebook-and-ors'>http://editors.cis-india.org/internet-governance/resources/order-2011-12-20-mufti-aijaz-arshad-qasmi-v-facebook-and-ors</a>
</p>
No publisherpraneshIT ActGoogleCourt CaseObscenityFreedom of Speech and ExpressionFacebookCensorshipResources2012-02-20T18:02:44ZPageHow India Makes E-books Easier to Ban than Books (And How We Can Change That)
http://editors.cis-india.org/internet-governance/blog/india-ebooks-easier-to-ban-than-books
<b>Without getting into questions of what should and should not be unlawful speech, Pranesh Prakash chooses to take a look at how Indian law promotes arbitrary removal and blocking of websites, website content, and online services, and how it makes it much easier than getting offline printed speech removed.</b>
<h2>E-Books Are Easier To Ban Than Books, And Safer</h2>
<p>Contrary to what Mr. Sibal's recent hand-wringing at objectionable online material might suggest, under Indian laws currently in force it is far easier to remove material from the Web, by many degrees of magnitude, than it is to ever get them removed from a bookstore or an art gallery. To get something from a bookstore or an art gallery one needs to collect a mob, organize collective outrage and threats of violence, and finally convince either the government or a magistrate that the material is illegal, thereby allowing the police to seize the books or stop the painting from being displayed. The fact of removal of the material will be noted in various records, whether in government records, court records, police records or in newspapers of record. By contrast, to remove something from the Web, one needs to send an e-mail complaining about it to any of the string of 'intermediaries' that handle the content: the site itself, the web host for the site, the telecom companies that deliver the site to your computer/mobile, the web address (domain name) provider, the service used to share the link, etc. Under the <a href="http://editors.cis-india.org/internet-governance/resources/intermediary-guidelines-rules">'Intermediary Guidelines Rules'</a> that have been in operation since 11th April 2011, all such companies are required to 'disable access' to the complained-about content within thirty-six hours of the complaint. It is really that simple.</p>
<p>"That's ridiculous," you think, "surely he must be exaggerating." Think again. A researcher working with us at the Centre for Internet and Society tried it out, several times, with many different intermediaries and always with frivolous and flawed complaints, and was successful <a class="external-link" href="http://www.cis-india.org/news/chilling-impact-of-indias-april-internet-rules"> six out of seven times </a>. Thus it is easier to prevent Flipkart or Amazon from selling Rushdie's Midnight's Children than it is to prevent a physical bookstore from doing so: today Indira Gandhi wouldn't need to win a lawsuit in London against the publishers to remove a single line as she did then; she would merely have to send a complaint to online booksellers and get the book removed. It is easier to block Vinay Rai's Akbari.in (just as CartoonsAgainstCorruption.com was recently blocked) than it is to prevent its print publication. Best of all for complainants: there is no penalty for frivolous complaints such as those sent by us, nor are any records kept of who's removed what. Such great powers of censorship without any penalties for their abuse are a sure-fire way of ensuring a race towards greater intolerance, with the Internet — that republic of opinions and expressions — being a casualty.</p>
<h2>E-Book Bans Cannot Be Challenged</h2>
<p>In response to some of the objections raised, the Cyberlaw Division of the Department of Information Technology, ever the dutiful guardian of free speech, noted that if you have a problem with access to your content being 'disabled', you could always <a href="http://www.pib.nic.in/newsite/erelease.aspx?relid=72066">approach a court</a> and get that ban reversed. Unfortunately, the Cyberlaw Division of the Department of Information Technology forgot to take into account that you can't contest a ban/block/removal if you don't know about it. While they require all intermediaries to disable access to the content within thirty-six hours, they forgot to mandate the intermediary to tell you that the content is being removed. Whoops. They forgot to require the intermediary to give public notice that content has been removed following a complaint from person ABC or corporation XYZ on such-and-such grounds. Whoops, again.</p>
<p>So while records are kept, along with reasons, of book bans, there are no such records required to be kept of e-book bans.</p>
<h2>E-Book Censors Are Faceless</h2>
<p>Vinay Rai is a brave man. He is being attacked by fellow journalists who believe he's disgracing the professional upholders of free-speech, and being courted by television channels who believe that he should be encouraged to discuss matters that are sub judice. He is viewed by some as a man who's playing politics in courts on behalf of unnamed politicians and bureaucrats, while others view him as being bereft of common-sense for believing that companies should be legally liable for not having been clairvoyant and removing material he found objectionable, though he has never complained to them about it, and has only provided that material to the court in a sealed envelope. I choose, instead, to view him as a scrupulous and brave man. He has a face, and a name, and is willing to openly fight for what he believes in. However, there are possibly thousands of unscrupulous Vinay Rais out there, who know the law better than he does, and who make use not of the court system but of the Intermediary Guidelines Rules, firmly assured by those Rules that their censorship activities will never be known, will never be challenged by Facebook and Google lawyers, and will never be traced back to them.</p>
<h2>Challenging Invisible Censorship</h2>
<p>Dear reader, you may have noticed that this is a bit like a trial involving Free Speech in which Free Speech is presumed guilty upon complaint, is not even told what the charges against it are, has not been given a chance to prove its innocence, and has no right to meet its accusers nor to question them. Yet, the Cyberlaw Division of the Department of Information Technology continues to issue press releases defending these Rules as fair and just, instead of being simultaneously Orwellian and Kafkaesque. These Rules are delegated legislation passed by the Department of Information Technology under <a href="http://editors.cis-india.org/internet-governance/resources/section-79-information-technology-act">s.79 of the Information Technology Act</a>. The Rules were laid before Parliament during the 2011 Monsoon session. We at CIS believe that these Rules are *ultra vires* the IT Act as well as the Constitution of India, not only with respect to what is now (newly) proscribed online (which in itself is enough to make it unconstitutional), but how that which is purportedly unlawful is to be removed. We have prepared an alternative that we believe is far more just and in accordance with our constitutional principles, taking on best practices from Canada, the EU, Chile, and Brazil, while still allowing for expeditious removal of unlawful material. We hope that the DIT will consider adopting some of the ideas embodied in our draft proposal.</p>
<p>As Parliament passed the IT Act in the midst of din, without any debate, it is easy to be skeptical and wonder whether Rules made under the IT Act will be debated. However, I remain hopeful that Parliament will not only exercise its power wisely, but will perform its solemn duty — borne out of each MP's oath to uphold our Constitution — by rejecting these Rules.</p>
<p>Photo credit: <a href="https://secure.flickr.com/photos/grandgrrl/5240360344/">Lynn Gardner</a>, under CC-BY-NC-SA 2.0 licence*</p>
<p><a class="external-link" href="http://www.outlookindia.com/article.aspx?279712">This was reproduced in Outlook Magazine</a> on 27 January 2012</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/blog/india-ebooks-easier-to-ban-than-books'>http://editors.cis-india.org/internet-governance/blog/india-ebooks-easier-to-ban-than-books</a>
</p>
No publisherpraneshObscenityFreedom of Speech and ExpressionInternet GovernanceFeaturedIntermediary LiabilityCensorship2012-02-21T11:50:56ZBlog EntryOnline Pre-Censorship is Harmful and Impractical
http://editors.cis-india.org/internet-governance/online-pre-censorship-harmful-impractical
<b>The Union Minister for Communications and Information Technology, Mr. Kapil Sibal wants Internet intermediaries to pre-censor content uploaded by their users. Pranesh Prakash takes issue with this and explains why this is a problem, even if the government's heart is in the right place. Further, he points out that now is the time to take action on the draconian IT Rules which are before the Parliament.</b>
<p>Mr. Sibal is a knowledgeable lawyer, and according to a senior lawyer friend of his with whom I spoke yesterday, greatly committed to ideals of freedom of speech. He would not lightly propose regulations that contravene Article 19(1)(a) [freedom of speech and expression] of our Constitution. Yet his recent proposals regarding controlling online speech seem unreasonable. My conclusion is that the minister has not properly grasped the way the Web works, is frustrated because of the arrogance of companies like Facebook, Google, Yahoo and Microsoft. And while he has his heart in the right place, his lack of knowledge of the Internet is leading him astray. The more important concern is the<a class="external-link" href="http://www.mit.gov.in/sites/upload_files/dit/files/RNUS_CyberLaw_15411.pdf"> IT Rules</a> that have been in force since April 2011.</p>
<h3>Background <br /></h3>
<p>The New York Times scooped a story on Monday revealing that Mr. Sibal and the <a class="external-link" href="http://www.mit.gov.in/">MCIT</a> had been <a class="external-link" href="http://india.blogs.nytimes.com/2011/12/05/india-asks-google-facebook-others-to-screen-user-content/?scp=2&sq=kapil%20sibal&st=cse">in touch with Facebook, Google, Yahoo, and Microsoft</a>, asking them to set up a system whereby they would manually filter user-generated content before it is published, to ensure that objectionable speech does not get published. Specifically, he mentioned content that hurt people's religious sentiments and content that Member of Parliament Shashi Tharoor described as <a class="external-link" href="http://zeenews.india.com/news/nation/i-am-against-web-censorship-shashi-tharoor_745587.html">'vile' and capable of inciting riots as being problems</a>. Lastly, Mr. Sibal defended this as not being "censorship" by the government, but "supervision" of user-generated content by the companies themselves.</p>
<h3>Concerns <br /></h3>
<p>One need not give lectures on the benefits of free speech, and Mr. Sibal is clear that he does not wish to impinge upon it. So one need not point out that freedom of speech means nothing if not the freedom to offend (as long as no harm is caused). There can, of course, be reasonable limitations on freedom of speech as provided in Article 19 of the <a class="external-link" href="http://www2.ohchr.org/english/law/ccpr.htm">ICCPR</a> and in Article 19(2) of our Constitution. My problem lies elsewhere.</p>
<h3>Secrecy <br /></h3>
<p>It is unfortunate that the New York Times has to be given credit for Mr. Sibal addressing a press conference on this issue (and he admitted as much). What he is proposing is not enforcement of existing rules and regulations, but of a new restriction on online speech. This should have, in a democracy, been put out for wide-ranging public consultations first.</p>
<h3>Making intermediaries responsible <br /></h3>
<p>The more fundamental disagreement is that over how the question of what should not be published should be decided, and how that decision should be and how that should be carried out, and who can be held liable for unlawful speech. I believe that "to make the intermediary liable for the user violating that code would, I think, not serve the larger interests of the market." Mr. Sibal said that in May this year <a class="external-link" href="http://online.wsj.com/article/SB10001424052702304563104576355223687825048.html">in an interview with the Wall Street Journal</a>. The intermediaries (that is, all persons and companies who transmit or host content on behalf of a third party), are but messengers just like a post office and do not exercise editorial control, unlike a newspaper. (By all means prosecute Facebook, Google, Yahoo, and Microsoft whenever they have created unlawful content, have exercised editorial control over unlawful content, have incited and encouraged unlawful activities, or know after a court order or the like that they are hosting illegal content and still do not remove it.)
Newspapers have editors who can take responsibility for content published in the newspaper. They can afford to, because the number of articles in a newspaper is limited. YouTube, which has 48 hours of videos uploaded every minutes, cannot. One wag suggested that Mr. Sibal was not suggesting a means of censorship, but of employment generation and social welfare for censors and editors. To try and extend editorial duties to these 'intermediaries' by executive order or through 'forceful suggestions' to these companies cannot happen without amending s.79 of the Information Technology Act which ensures they are not to be held liable for their user's content: the users are.
Internet speech has, to my knowledge, and to date, has never caused a riot in India. It is when it is translated into inflammatory speeches on the ground with megaphones that offensive speech, whether in books or on the Internet, actually become harmful, and those should be targeted instead. And the same laws that apply to offline speech already apply online. If such speech is inciting violence then the police can be contacted and a magistrate can take action. Indeed, Internet companies like Facebook, Google, etc., exercise self-regulation already (excessively and wrongly, I feel sometimes). Any person can flag any content on YouTube or Facebook as violating the site's terms of use. Indeed, even images of breast-feeding mothers have been removed from Facebook on the basis of such complaints. So it is mistaken to think that there is no self-regulation. In two recent cases, the High Courts of Bombay (<a href="http://editors.cis-india.org/internet-governance/janhit-manch-v-union-of-india" class="internal-link" title="Janhit Manch & Ors. v. The Union of India"><em>Janhit Manch v. Union of India</em></a>) and Madras (<em>R. Karthikeyan v. Union of India</em>) refused to direct the government and intermediaries to police online content, saying that places an excessive burden on freedom of speech.</p>
<h3>IT Rules, 2011 <br /></h3>
<p>In this regard, the IT Rules published in April 2011 are great offenders. While speech that is 'disparaging' (while not being defamatory) is not prohibited by any statute, yet intermediaries are required not to carry 'disparaging' speech, or speech to which the user has no right (how is this to be judged? do you have rights to the last joke that you forwarded?), or speech that promotes gambling (as the government of Sikkim does through the PlayWin lottery), and a myriad other kinds of speech that are not prohibited in print or on TV. Who is to judge whether something is 'disparaging'? The intermediary itself, on pain of being liable for prosecution if it is found have made the wrong decision. And any person may send a notice to an intermediary to 'disable' content, which has to be done within 36 hours if the intermediary doesn't want to be held liable. Worst of all, there is no requirement to inform the user whose content it is, nor to inform the public that the content is being removed. It just disappears, into a memory hole. It does not require a paranoid conspiracy theorist to see this as a grave threat to freedom of speech.
Many human rights activists and lawyers have made a very strong case that the IT Rules on Intermediary Due Diligence are unconstitutional. Parliament still has an opportunity to reject these rules until the end of the 2012 budget session. Parliamentarians must act now to uphold their oaths to the Constitution.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/internet-governance/online-pre-censorship-harmful-impractical'>http://editors.cis-india.org/internet-governance/online-pre-censorship-harmful-impractical</a>
</p>
No publisherpraneshIT ActObscenityFreedom of Speech and ExpressionPublic AccountabilityYouTubeSocial mediaInternet GovernanceFeaturedIntermediary LiabilityCensorshipSocial Networking2011-12-12T17:00:50ZBlog EntryPornography & the Law - A Call for Peer Review
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/pornography-and-law
<b>Namita Malhotra's research project on "Pornography & the Law". is a part of the Researchers @ Work Programme at the Centre for Internet and Society, Bangalore. Her monograph is an attempt to unravel the relations between pornography, technology and the law in the shifting context of the contemporary.</b>
<p>It is these shifts that push the arguments here to be relevant beyond specific occurrences or phenomenon in the digital world (the moment of video pornography, interactive cyber sex, webcam sex, camfrog, social networking and sexual behaviour, chatroulette, facebook, confessional and sexualized blogging, sexting and mobile phones, etc.) to attempt to understand the nature of affects that surround pornography, especially as reflected in the law and its desire to contain it, and how law’s desire to contain is also about subjectivities and practices around technology. The structure of the monograph is somewhere between a willful literature review and a dressing room, where various concepts, ideas, images or visions around law, film/video, technology and new media are tried on for size to explain or unravel parts or whole of the picture around pornography in the Indian context.</p>
<p>The Researchers At Work Programme, at the Centre for Internet and Society, advocates an Open and transparent process of knowledge production. We recognise peer review as an essential and an extremely important part of original research, and invite you, with the greatest of pleasures, to participate in our research, and help us in making our arguments and methods stronger. The first draft of the monograph is now available for public review and feedback. Please click on the links below to choose your own format for accessing the document.</p>
<ul>
<li><a href="http://editors.cis-india.org/raw/histories-of-the-internet/law-and-pornography" class="internal-link" title="Law and Pornography Word File">Word</a></li>
<li><a href="http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-pornography" class="internal-link" title="Law & Pornography">PDF</a></li>
</ul>
<p>We appreciate your time, engagement and feedback that will help us to bring out the monograph in a published form. Please send all comments or feedback to nishant@cis-india.org or you can use your Open ID to login to the website and leave comments to this post.</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/pornography-and-law'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/pornography-and-law</a>
</p>
No publisherpraskrishnahistories of internet in IndiaObscenityResearch2012-12-14T12:12:17ZBlog EntryPrivacy, pornography, sexuality (a video)
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/privacy-pornography-sexuality-a-video
<b>The video is an attempt to use the material collected for purposes of provoking a discussion around privacy, pornography, sexuality and technology. It focuses largely on an Indian context, which most viewers would be familiar with. The video is pegged around the ban of Savita Bhabhi – a pornographic comic toon – but uses that to open up a discussion on various incidents and concepts in relation to pornography and privacy across Asia.</b>
<p>
</p>
<p> <object height="344" width="425"><param name="movie" value="http://www.youtube.com/v/iku2SafHlMs&hl=en_GB&fs=1&rel=0"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed height="344" width="425" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://www.youtube.com/v/iku2SafHlMs&hl=en_GB&fs=1&rel=0"></embed></object></p>
<p align="right"><br /><object height="344" width="425"><param name="movie" value="http://www.youtube.com/v/RXKN_2Hbu1I&hl=en_GB&fs=1&"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed height="344" width="425" allowfullscreen="true" allowscriptaccess="always" type="application/x-shockwave-flash" src="http://www.youtube.com/v/RXKN_2Hbu1I&hl=en_GB&fs=1&"></embed></object></p>
<p> </p>
<p> </p>
<p> The project on pleasure and pornography will generate
outputs in different formats, but especially since it is meant to be
interdisciplinary (legal, critical, feminist, cybercultures, media and cinema
studies) it would be interesting to use different ways of communicating the
ideas that the project will develop. Several interviews have been conducted
(ranging from length of 30 mins to 2 hours) with contemporaries in India whose
work in different ways (quantitative research, historical research, filmmaking,
academic writings) intersects and relates to pornography – this includes Bharat
Murthy, Manjima Bhattacharjya, Nishant Shah, Ratheesh Radhakrishnan, Shohini
Ghosh and others.</p>
<p> </p>
<p>The video above is an attempt to use the material collected
for purposes of provoking a discussion around privacy, pornography, sexuality
and technology. It focuses largely on an Indian context, which most viewers
would be familiar with. The video is pegged around the ban of Savita Bhabhi – a
pornographic comic toon – but uses that to open up a discussion on various
incidents and concepts in relation to pornography and privacy across Asia. For
instance what is the role of technology and how has it altered or not altered
relations between the citizen and the State, what are the stakes of the State
in sexual subjectivity of the citizens and what are the relations of gender,
pornography and debates around privacy in public discourse.</p>
<p> </p>
<p>In this post I would gesture towards the last category that
has not been touched upon earlier, in relation to countries such as Malaysia
and Indonesia. It has become important during the course of this project to
draw connections to work done in the global South. In legal studies, comparative
work around legal concepts of obscenity, pornography, vulgarity are most often
only in relation to America and United Kingdom, either for a strong tradition
of free speech and expression in both countries and because of historical
connections to common and legislative law in UK. However it is important to
examine the trajectories of similar legal paradigms (Malaysia) and even
different legal paradigms (Indonesia)
across Asia to understand the mechanics of how pornography is constructed and
understood in legal and possibly cultural terms as well. </p>
<p> </p>
<p>Here we look at instances of material that are described as
pornography in legal terms and how that legal category avoids taking onto
itself what could be described as hard core pornography, and instead focuses on
material that in the Indian context are described as obscene (see <a href="http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography" class="external-link">first blog post</a> on Indian law). In other parts of Asia, very often laws
that describe what is pornography play an important role in controlling women
and reinforcing gendered modes of access to media, information or to public
spaces. <br /></p>
<p><br /> </p>
<p>The Indonesian Anti-pornography law instead of protecting
the privacy of individuals, regulates and controls the ways in which women can
participate in the public sphere. The law deals with appropriate garb, behaviour,
forms of artistic and video practices under the broad umbrella of the term <em>pornoaksi</em> or pornographic action. In Indonesia as in other
parts of Asia, there has been over the last 4-5 years a flood of mobile and
webcam pornography uploaded by people themselves (couples and individuals),
which forms a large part of the erotic consumption in the country. The sheer
volume and circulation of these videos points to how technology is enmeshed in
sexual practices in even in the global South, contrary to what is written about
sexuality and technology that largely focuses on the phenomenon of
technology-sexuality in the global North around platforms such as Second Life<a name="_ednref1" href="#_edn1"><span class="MsoEndnoteReference">[i]</span></a>
or aspects of virtual reality. However the new law (passed in 2008) does not address this phenomenon directly even though that was the reason for promulgation of the law, but instead focuses of the dubious and vague category of pornoaksi.</p>
<p> </p>
<p>The law also allows for ordinary citizens to complain about obscene behaviour. According to gender and human rights activists in Indonesia, this gives a lot of leeway to the more socially conservative elements to complain and even attack film festivals, gatherings etc. In an article (unpublished) about the anti pornography law, Julia Suryakusuma (a columnist and writer in Indonesia) says -</p>
<p>
"But is the so-called ‘Anti-Pornography Law’ indeed aimed
against ‘pornography’, or is really directed against women and the freedoms won
through post-Soeharto democratization? The Law, I will argue, is, in fact,
based on a social construction of ‘morality’ and womanhood that masks as
religion but which is, in fact, a potent combination of social conservatism and
political opportunism."</p>
<p> </p>
<p>The video ends with a very moving press conference
by the Malaysian State Assemblywoman offering her resignation because intimate
(but not pornographic) pictures of her had been circulated without her consent
by her ex-boyfriend. The incident was a transparent ploy by an opposing
political party to denounce a formidable opponent and attempts to use public
discourse around obscenity, vulgarity to limit the politician’s participation
in the public sphere.</p>
<p> </p>
<p>The video was also part of a discussion around privacy,
agency and security organized at the recent Internet Governance Forum in Egypt
in November, 2009<a name="_ednref2" href="#_edn2"><span class="MsoEndnoteReference">[ii]</span></a> and was
screened at the beginning of the workshop to spear head a discussion between
varied participants. The workshop was organized by Alternative Law Forum, Association for Progressive Communication - Women's Networking Support Programme and Center for Internet and Society. The IGF saw an intense focus on issues of privacy
especially in relation to issues of data aggregation and control over private
and public data of individuals by corporate entities. The video and the session
was an attempt to bring into the focus of such discussions, issues more
pertinent from a feminist, queer or theoretical perspective.</p>
<p> </p>
<p> </p>
<div><br clear="all" />
<hr align="left" size="1" width="33%" />
<div id="edn1">
<p class="MsoEndnoteText"><a name="_edn1" href="#_ednref1"><span class="MsoEndnoteReference">[i]</span></a> Coming of
age in Second Life, Tom Boellstorff : An ethnography of Second Life that looks
at various aspects of practices online including friendship, sexuality,
marriage, aspirations and desires.</p>
</div>
<div id="edn2">
<p class="MsoEndnoteText"><a name="_edn2" href="#_ednref2"><span class="MsoEndnoteReference">[ii]</span></a> More
details of this workshop (concept note, speakers) are available on the IGF
website at <a href="http://www.intgovforum.org/cms/index.php/component/chronocontact/?chronoformname=WSProposals2009View&wspid=275">http://www.intgovforum.org/cms/index.php/component/chronocontact/?chronoformname=WSProposals2009View&wspid=275</a></p>
</div>
</div>
<p>
</p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/privacy-pornography-sexuality-a-video'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/privacy-pornography-sexuality-a-video</a>
</p>
No publishernamitaDigital subjectivitieswomen and internetCensorshipObscenity2011-08-02T08:37:19ZBlog EntryPleasure and Pornography: Impassioned Objects
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish
<b>In this post, a third in the series documenting her CIS-RAW project, Pleasure and Pornography, Namita Malhotra explores the idea of fetish as examined by Anne McClintock (i) . This detour is an exploration of the notion of fetish, its histories and meanings, and how it might relate to the story of Indian porn. </b>
<p><br />The etymology of fetish derives from the word fetico (Portuguese) which means sorcery or magic arts. In 1760, it was used to refer to primitive religions, especially in relation to the growing project of imperialism. In 1867, Marx coined the term commodity fetishism – using the implied meaning of primitive magic to express the central social form of modern industrial economy, whereby the social relation between people metamorphoses into the relation between things. It was only after this, in 1905, that Freud transferred the word, with all these meanings still clinging to it, to the realm of sexuality and perversions. As Anne McClintock points out, in her useful account and re-understanding of the fetish in the book <em>Imperial Leather</em> (ii), psychoanalysis, philosophy, and Marxism all take shape around the invention of the primitive fetish, which conveniently displaces what the modern mind cannot accommodate onto the invented domain of the primitive. She states that the not-so-concealed rationale of imperialism is fetishism. Fetishists (racial, sexual and other) became a mode of warranting and justifying conquest and control -- whether it was the policing of sexual fetishism for control of classes in Europe and colonies, or the invention of racial fetishism central to the regime of imposing sexual surveillance in the colonies.<strong> The imperial discourse on fetishism became a discipline of containment</strong> (iii) .</p>
<p>On the other hand in the realm of sexuality, fetish becomes a question of male sexuality alone -- male perversion par excellence. There are no female fetishists, either for Freud or Lacan, for to speak of female fetishism would involve displacing the basic precepts of psychoanalysis -- namely the scene of castration leading to phallic fetishism. However, McClintock points to the usefulness of studying female fetishism, as it allows for certain things to happen. First, it dislodges the centrality of the phallus in this discourse, which surprisingly makes way for the presence and legitimacy of a multiplicity of pleasures, needs, and contradictions that can’t be resolved or reduced merely to the desire to preserve the phallus. Very often, feminists such as McClintock read the Lacanian insistence on the centrality of the phallus as itself a fetishistic nostalgia for a single, male myth of origins and fetishistic disavowal of difference. Such a notion of fetish, embedded in phallic theory, gets easily reduced to sexual difference and does not allow/admit race or class as crucially formative categories as well; thus, race and class remain continuously of secondary status in the primarily sexually signifying chain.</p>
<p>“The racist fetishizing of white skin, black fetishizing gold chains, the fetishizing of black dominatraces, lesbians, cross dressing as men the fetishizing of national flags, slave fetishism, class cross-dressing, fetishes such as nipple clips and bras in male transvestism, leather bondage, PVC fetishism, babyism and so on -- these myriad different deployments of fetishistic ambiguity cannot be categorized under a single mark of desire, without great loss of theoretical subtlety and historical complexity.” Also McClintock points to racist, nationalistic and patriotic fetishes -- such as flags, crowns, maps, swastikas (or for instance chaddis) -- that can’t be simply rendered equivalent to the disavowal of male castration anxiety. <br /><br />McClintock calls for a renewed investigation of fetishism -- to open it up to a more complex and valuable history in which racial and class hierarchies would play as formative a role as sexuality. Rejecting the Lacanian and Freudian fixation on the phallus as central to psychoanalysis would call for a mutually transforming investigation into the disavowed relations of psychoanalysis and social history. In a way, it would be the bringing together of the varied ways in which fetish has been used -- by Freud (in the domain of psychoanalysis) in the realm of domesticity and the private, and by Marx (in the domain of male socio-economic history) in the realm of the market and possibly in the public. If these meanings were to speak to each other, what we discover is that fetish is in fact the historical enactment of ambiguity itself.</p>
<p>Fetishism involves the displacement onto an object of contradictions that the individual cannot resolve at a personal level. These contradictions could indeed be social, though lived with profound intensity in the imagination and flesh of the person. The fetish -- rather than being a merely an insignificant sexual or personal practice -- inhabits both personal and historical memory. It marks a crisis in social meaning -- the embodiment of an impossible resolution. This crisis/contradiction is displaced onto and embodied in the fetish object, which is thus destined to recur in compulsive ways. By displacing this power onto the fetish, then manipulating or controlling the fetish, the individual gains symbolic control over what might otherwise be terrifying ambiguities.</p>
<p>The fetish then can be called an impassioned object; something that emerges from a variety of social contradictions, rather than merely from the scene of castration or phallic centric domains. Hence they are neither universal, nor are they entirely about personal histories alone, but are about personal and historical memory or a social contradiction that is experienced at an intensely personal level. “As composite symbolic objects, fetishes thus embody the traumatic coincidence not only of individual but also of historical memories held in contradiction” (McClintock). This reading of fetishism gives rise to far richer possibilities of cultural analysis.</p>
<p>Fetish was neither proper to African or Christian European culture, but sprang into being from an abrupt encounter between two heterogeneous worlds during an era of mercantile capitalism and slavery. At this point it clearly embodies the problem of contradictory social value -- whether it is gold as valuable, or gold as warding off bad luck. Though initially just about heathen customs and rituals, it later also becomes a marking of certain groups of people for conquest. It is from this context that Freud transports the word, laden with meanings of conquest and violence, to the realm of sexuality. Obviously these meanings stain future connotations of fetish, the word fetish itself becoming prey to contradictory meanings of race and sex and difference.</p>
<p>For Freud, the fetish is the embodiment in one object of two positions -- castration and its denial. Though this does capture some sense of the ambiguity that McClintock also refers to, here the meanings oscillate between two, and only two, fixed options (a recurring male economy). The fetish becomes both a permanent memorial to the horror of castration, embodied not in the male but in the female -- as well as a token of triumph, and safeguard against the threat of castration. This has, of course, been critiqued by feminists quite severely. McClintock’s basic argument is that it is indeed hard, considering the varied nature of fetish objects, to find a single originary explanation in the psychic development of the individual -- in a single originary trauma. What is important here, however is to take on this notion of the fetish as an historical enactment of ambiguity itself, and see if as a theoretical concept it has any value to the study of the loose category of Indian porn, especially MMS porn. <br /><br /><strong>Soap in these strange days: fetish objects</strong><br /><br /><em>“Such spectacle creates the promise of a rich sight: not the sight of particular fetishized objects, but sight itself as richness, as the grounds for extensive experience.”<br />Dana Polan (iv)</em><br /><br />Anne McClintock’s work on fetish also looks at the seemingly ubiquitous object of soap as the carrier of many ambiguous meanings around gender, class, imperialism -- both the cult of domesticity (the running of the empire of home with servants, sweepers, cleaners, women, maids etc.) and the cult of new imperialism found in soap in its exemplary mediating form. The story of soap, for McClintock, reveals that fetishism rather than a quintessentially African propensity (belonging in the realm of lands and peoples that were being discovered through imperialism) was in fact central to industrial modernity; fetishism was not original either to industrial capitalism or precolonial economies, but was from the outset the embodiment and record of an incongruous and violent encounter (between two or more heterogenous cultures) and about rapid changes of modernity, rather than about the ‘primitive’. <br /><br />Marx says that the mystique of the commodity fetish lies not in its use value, but in its exchange value and its potency as a sign: “So far as (a commodity) is a value in use, there is nothing mysterious about it”. This could be linked to the idea of a mobile phone that is supposed to achieve so much beyond mere communication, at least according to the advertising -- they should mend ruptured relations and homes, get all the hot chicks, grow beautiful gardens, change the boring routine of life. For some time, the Samsung mobile phone ad with Estella Warren played in India, which probably moves the mobile phone with camera out of merely its symbolic use as enhancing attractiveness, to actually ‘getting’ or rather capturing girls by clicking. Magically in the ad, the act of clicking photographs make the girl not just willing, but she also takes the phone and photographs herself. Barring one scary moment when it looks like she might turn into an avenging warrior like Xena or The Bride, but instead she simpers into a loving sexy pose, she is willing. The ad can’t be easily dismissed as misogynistic, but it does give an intriguing glimpse of the intimate pictures and moments that can be captured with a mobile phone. <br /><br />That a mobile phone is fetishized as a commodity is probably evident, from the rush to get the more enhanced phone with the better camera and features, though mobile phones are also a ubiquitous element of one’s life, in some ways exactly like soap. Probably in a country like India, having a mobile phone can be read as opening up sexual possibilities in a way that wouldn’t be obvious in a more developed country. If the fetish is a social contradiction that is experienced at an intensely personal level, then the mobile phone, especially after the DPS MMS clip, is precariously located between the zones of the private and personal, and that which is entirely in the public domain beyond any control of the person(s). This ability of the mobile phone to occupy simultaneous universes because of its interconnectedness in a network, and that it is (for most people now) an entirely personal object with messages, numbers, conversations, images, videos, is what makes it unpredictable. <br /><br /><strong>Looking at MMS porn</strong><br /><em>“Memories were meant to fade. They were built that way for a reason”<br />Mace, Strange Days</em><br /><br />When looking at MMS porn, I’m irresistibly reminded of the movie <em>Strange Days</em>, in which Angela Basset’s character Mace expresses her frustration with Lenny (played by Ralph Fiennes). Lenny is obsessed with preserving memory and accessing other people’s experiences, through what in the movie are called playbacks. Playbacks are recordings of events in the brain that were fed back into brain waves to reproduce the earlier event -- the feelings, the sensations of touch, the smells and not just the visual. Playbacks haven’t been invented yet, but the obsessiveness with which Lenny wheels and deals (he’s also a dealer and collector of playbacks) gives a peculiar insight into how mobile phones are becoming fetish objects of sorts -- particularly MMSs recorded on mobile phones where other people are able to occupy the space of an unknown character that conveniently rarely ever appears on the screen. The famous pornographic ones are the DPS MMS clip and other MMS scandals, including the hidden voyeuristic ones taken without permission, and a precursor of this is Mysore Mallige where the man appears rarely on the screen and only at the end, almost like a signature. In a peculiar way MMS porn becomes like playback from Strange Days, a movie that is attempting to unravel the unknown future mired in technological changes that are messily intertwined with human desire and frailty. A future (set on the date of turning the millennium) that we’ve hopelessly gone past without even asking many of the questions that the characters in the movie pose.<br /><br />Indian websites advertise MMS scandals as a specific category of pornography. This category also includes genuine MMS clips of celebrities kissing (Kareena Kapoor), wardrobe malfunctions from Fashion Week, and also fake ones with celebrity look-alikes bathing, changing, having sex (Preity Zinta, Mallika Sherawat). Mostly what is being talked about are videos made on mobile phones by men, who record themselves having sex with ‘gullible’ women. The alleged gullibility of these women is probably essential to the erotic charge of such videos. They are shaky videos, especially when sex is underway, and have a grainy quality that makes them eerily real. Their perspective is usually that of the man who is holding the phone camera and rarely enters the frame himself, whereas the woman is definitely the desirable object that is being captured. Maybe this phenomenon can be understood better if one looks at McClintock’s idea of fetish and whether MMS/images on mobile phones can be located within that category -- whether the ambiguous nature of the video or image recorded on the mobile phone and its ability to be an intensely personal and private object and also to be so easily transmitted into networks signifies a crisis in social meanings around private and public. The mobile phone then merely becomes an object onto which this anxiety is displaced, and the recording of images repeatedly (and anxieties and fears triggered when they accidentally slip into the public domain) are ways of trying to control terrifying ambiguities over the private and the public (where aspects of sexuality, family and selfhood could be calamitously disrupted by a slip between the two categories). (v)<br /><br />In a strange way this is a parable for a larger phenomenon of pornographic circulation and the law, as well. The mass circulation of pornography is perceived as a private secret that is kept by all, and whenever there is slip between the two categories, the law and public discourse are barely able to deal with the furore of anxieties. And if not, then the law and public discourse proceed to deal with the banal unbuttoning of Akshay Kumar’s jeans by his wife as obscenity in courtrooms, as if we hadn’t all imagined an MMS that allowed us to be doing the same. <br /><br /> i. Anne Mcclintok’s work on sadomasochism illuminates some of the arguments that I make in relation to sexual subjectivity and the state’s interests and desires in policing it. (unpublished article for book on queer issues and the law). Her work borrows from notions developed by Foucault. “Sadomasochism plays social power backwards, visibly and outrageously staging hierarchy, difference and power, the irrational, ecstasy or alienation of the body, placing these ideas at the centre of western reason.” The analysis of sexual subjectivity and State’s interest in it also looks at the judgment on sadomasochism by the House of Lords, England that declares such activities that cause severe injuries and maim the body, as illegal, regardless of consent of parties. <br />ii. Anne Mcclintok, Imperial Leather: Race, gender and sexuality in the colonial contest, Routledge, 1995.<br />iii. Ibid<br />iv. Cited from Laura Mulvey, Some Thoughts on Theories of Fetishism in the Context of Contemporary Culture, October, Vol. 65 (Summer, 1993), pp. 3-20. </p>
<p>v. As in the story of Chanda in Dev.d loosely inspired from the DPS MMS clip incident<br /><img src="http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/uploads/kalkichanda.jpg/image_preview" alt="Chanda from Dev.d" class="image-inline image-inline" title="Chanda from Dev.d" /><br /><br /><br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/impassioned-objects-unraveling-the-history-of-fetish</a>
</p>
No publishernamitahistories of internet in IndiaCyberspaceinternet and societyObscenitywomen and internetYouTubeCyborgsCyberculturesDigital subjectivities2011-08-02T08:35:20ZBlog EntryPleasure and Pornography: Pornography and the Blindfolded Gaze of the Law
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography
<b>In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity. Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, Namita Malhotra, in this second post documenting her CIS-RAW project, explores certain judgments that indeed deal with pornographic texts and uncovers the squeamishness that ensures that pornography as an object keeps disappearing before the law.
</b>
<p><strong><br /></strong></p>
<p><strong>When Justicia, blindfolded, cannot see the profane …</strong><br /><br />In the legal discourse, pornography as a category is absent, except as an aggravated form of obscenity (1). Does this missing descriptive category assist in the rampant circulation of pornography, either online or offline? Rather than ask that question, I would like to explore certain judgments that indeed deal with pornographic texts and uncover the squeamishness that ensures that pornography as an object keeps disappearing before the law.</p>
<p>For instance, in the case of Fatima Riswana V. Chennai & Ors. (2) both the public prosecutor and counsel for the petitioners applied to the court for transfer to another (male) judge, to save the District Lady Judge from embarrassment. The order for transfer was passed, so that the District Lady Judge does not have to view certain CDs that are part of the evidence. The justification for this is that the 'said trial would be about the exploitation of women and their use in sexual escapades by the accused, and the evidence in the case is in the form of CDs, viewing of which would be necessary in the course of the trial; therefore, for a woman Presiding Officer it would cause embarrassment'.</p>
<p>This is a rather obvious case, where explicit and pornographic material is made to disappear before the eyes of the law, gesturing towards the larger complicity that allows society and law to create a ruckus about Richard Gere and Shilpa Shetty’s kiss, HBO's English movie channel, dance bars and other such aspects of the sleazy modernity that we inhabit (3), but simultaneously is oblivious to circulation of pornography, both online and offline.</p>
<p>In a rather confrontational visual juxtaposition, I place Savita Bhabhi alongside Husain’s Mother India, to be able to ask several questions, including the question of which one’s existence has been more threatened by the law. There is almost no doubt about it; Savita Bhabhi’s chequered career as a slutty housewife has been marred only by two scandals (and several almost patriotic accounts of India having finally arrived (4)) – once when a child sent an MMS about his teacher and it made references to Savita Bhabi, which led to some mention of action that might be taken against the website (5), and another time when Karan Johar (Mid Day, Delhi – 31 March 2009) remarked that one of the characters, Jeet, has a look similar to that given to Amitabh Bachchan in 'Kabhi Alvida Naa Kehna', and this might be a case of copyright infringement. Neither of these have resulted in any serious charge against the alleged anonymous producers, Indian Porn Empire, or what is more probable, the blocking of the website regardless of whether the producers/creators can be found and prosecuted. However Husain’s untitled painting, which surfaced on a website for an auction for victims of a Kashmir earthquake in 2006 (two years after it was first sold by the painter), was dragged to court on serious charges of obscenity, which fortunately led to a rather progressive judgment on obscenity by the Delhi High Court.</p>
<p>Returning to the two images of nude women, obscenity law in India has laid down that “nudity in art and literature is not per se evidence of obscenity”. As stated in the judgment that dealt with the circulation of Hussain’s untitled painting (later titled 'Bharat Mata') 'the work as a whole must be considered, the obscene matter must be considered by itself and separately to find out whether it is so gross and its obscenity so decided that it is likely to deprave and corrupt those whose minds are open to influences of this sort'. What renders an object obscene is the transaction rather than the text -- a transaction involving the depiction-consumption of the female body , and the sexualisation of the viewer who in turn sexualises the object. It is not just that the painting/image may already be sexualized but also that the public is in turn sexualised by looking at it (and sexualises it with its
gaze), thus making them vulnerable to the perversion that is modernity
itself and the pornographic gaze (Nitya Vasudevan and Namita A. Malhotra, State of Desire - Unpublished article). To put it simply, the anxiety of the state is not just about the object, but also about its circulation in the public, and the meanings it acquires through these series of transactions.</p>
<p>Legal and public discourse is often obsessed with the various meanings that become possible because of the placing of this naked body - or the transactions of this naked body with the context, background, narrative that it is placed in. Though seemingly sexualised already as a naked body (this can be refuted not only by the Indian court but various examples in art, religious architecture, etc.) the meanings it may carry are further complicated when it is placed in a pornographic comic online, bearing a crown and saying 'I will be Miss India', or as a faceless hazy outline in the foreground of the map of India. Hussain’s depiction of the naked woman on the map of India, embodying India (in pain or anger) carries many jostling, conflicting meanings. Inspite of the furore over the painting, the High Court finally held that the painting was not obscene, stating that the intention of the painter was to evoke sympathy for a woman – indeed a nation – in distress (6) . However what is intriguing, is that Savita Bhabi’s body, her markings of Indian-ness, her poses and postures are not examined to that extent either by the court or the public.</p>
<p>Pornography, as obscenity in its aggravated form or explicit depiction of sexual acts without a relevant or coherent narrative, has been dropped from both legal discourse and academic and cultural analysis--is it possible to surmise that this has happened because it can be read as a blank slate, a place where meanings cannot be read, felt or inferred? Pornographic movies are spliced into mainstream films, circulate
surreptitiously through video stores, piracy markets or though online
spaces that cannot be easily accessed because of regulations and
filters in most places –- colleges, homes, schools, offices, cybercafes
(7) etc. Can we surmise that the transaction of the sexualized gaze with the obscene object has been, in this way, so removed from public gaze that it does not merit discomfort and anxiety for the state or public, unless it nefariously slips into public discourse (DPS MMS, Noida MMS, Mysore Mallige)? As long as it is a secretive (even if mass) consumption, it does not disturb the heternormative familiar and familial in the manner that an object whose obscenity is not quite obvious or clear does – for example, HBO's English movie channel (8).</p>
<p>In this context, let us look at an excerpt from the progressive judgment on Hussain’s painting, which demonstrates the extent to which the court has to read the meanings of an image to determine whether it is obscene or not, but simultaneously, by not ever having to interact with a pornographic text, the court (or the public) does not have to see that there are many meanings embedded in such an image as well.</p>
<p><em>'One of the tests in relation to judging nude/semi nude pictures of women as obscene is also <strong>a particular posture or pose or the surrounding circumstances</strong> which may render it to be obscene, but in the present painting, apart from what is already stated above, the <strong>contours of the woman’s body represent nothing more than the boundaries/map of India.</strong><br /></em></p>
<p><em>Even if a different view had to be taken that if the painter wanted to depict India in human form, it may have been<strong> more appropriate to cloth the woman in some manner may be by draping a sari </strong>or by a flowing cloth etc., but that alone cannot be made a ground to prosecute the painter.</em> <em>There can be a numbers of postures or poses that one can think of which can really stimulate a man’s deepest hidden passions and desires. To my mind, art should not be seen in isolation without going into its onomatopoetic meaning and it is here I quote Mr. Justice Stewart of the US Supreme Court in Jacobellis v. Ohio 378 U.S. 184 (1964) who defined ‘obscenity’ as, “I will know it when I see it”. The nude woman in the impugned painting is not shown in any peculiar kind of a pose or posture nor are her surroundings so painted which may arouse sexual feelings or that of lust in the minds of the deviants in order to call it obscene. The </em><em><strong>placement of the Ashoka Chakra</strong> or the States in the painting
is also not on any particular body part of the woman which may be
deemed to show disrespect to the Ashoka Chakra/States and the same was
conceded by the learned counsel for the respondent during the course of
the arguments advanced. </em></p>
<p><em>It is possible that some persons may hold a more orthodox or conservative view on the depiction of Bharat Mata as nude in the painting but that itself would not suffice to give rise to a criminal prosecution of a person like the petitioner who may have more liberal thoughts in respect of mode and manner of depiction of Bharat Mata.' </em>(9)</p>
<p>A body that doesn’t carry inscriptions of cities on different body parts, but is definitely inscribed as Indian is that of Savita Bhabi – from the mangalsutra that never comes off even during doggy-style sex, the sari that slips off rather easily, the bindi, the gestures and mannerisms, to the stories that place her in sexual encounters with familiar people – the bra salesman, the old boyfriend, the cousin, the doctor, the woman colleague, the boss, the aging star and many others.</p>
<p>Savita Bhabhi thus carries as many confusing, jostling meanings as a pornographic text. For instance, she refers to recession and aspirations to become Miss India. She ventures into the fantasy world of her fans, since many of her stories are drawn from their stories on the Savita Bhabi website and fansite –- whether these stories are make-believe or true is irrelevant. These resonances of the text beyond mere sexual arousal are obvious. Even if one were to ignore Linda Williams (10) and inferences from Foucault that pornography becomes one of the many forms in which knowledge of pleasure is organised, it is obvious that from varied perspectives within film studies and legal studies, pornography merits examination. Williams' point also seems to provide some insight into why pornographic circulation doesn't merit much anxiety from the state or in the law; if pornography is organised in consonance with the heteronormative familiar and familial and accessible primarily by men, then maybe it is not such a big surprise that the state or the law is not really invested in controlling pornography, since pornography itself is controlling modes of sexuality and/or sexual expression.</p>
<p>Returning to the comparison, Hussain's untitled nude body on the map of India is literally marked. She carries these inscriptions -- Gujarat on one breast, Bangalore between her thighs, Chennai on her calves, Goa on her hip. Savita Bhabi is marked by her sari, her bindi, her blouse, her aesthetic sense, her fantasies of film stars, her stories of encounters in dressing rooms and myriad other recognizable details -- that mark her as Indian, or at least as living in India, in an Indian (albeit a privileged fair North Indian) body. However, it is Husain's untitled painting -- not called Bharat Mata (and the painting doesn't seem to signify a maternal relation but that of a wounded woman or pained woman) -- that goes to court on charges of obscenity.</p>
<p>Before looking at the few judgments that deal with the actual pornographic text, I take a detour to look at another iconic female figure -- that of Justice. Though clothed, she is blindfolded, so as to be able to discern even a fraction of a slip in the scales of justice; visual cognition would not be sufficient for her to recognise such a slip. As explained by Costas Douzinas, ('The Legality of the Image, lecture – December, 1999), ‘Justice must be blindfolded to avoid the temptation of facing the concrete person and putting individual characteristics before the abstract logic of the institution'. Martin Jay traces the trajectory of how justice became blindfolded through the ages, in the article 'Must Justice Be Blind' (11). Justice was initially wide-eyed and alert; she was blindfolded by the Fool in a period when corruption of the rulers was rampant; she was immortalised by Vermeer as staring at empty scales; and in a transitory state before being completely blinded she had two heads, with a pair of eyes that could see, and a pair that was blindfolded -- shielded, maybe, from the profane and from embarrassment.</p>
<p>I look at this blindness of the judicial system that allows pornography to circulate, while pinning down the obscene and examining minutely its various meanings. The obscene ('Satyam Shivam Sundarmam', 'Prajapati' – a Bengali magazine which carries short stories, 'Lady Chatterley’s Lover', 'Bandit Queen') is examined firstly, for whether it is so gross, though grossness or vulgarity as such is not enough to establish obscenity. And secondly, for whether it has the tendency to deprave and corrupt those whose minds are open to such influences and into whose hands -- or rather, vision -- such an object might fall (this is what allows for the circulation in limited publics -- adult audiences, time slots on television). <br /><br /><strong>Hard and Near Hard Pornography: Close Encounters of the Law with the Profane</strong></p>
<p>In the case of Anonymous vs. the Commissioner Of Police (12), yet another encounter takes place between the embarrassed law and the pornographic text. The excerpt below describes the encounter of two women advocates asked by the court to examine what movies are being exhibited at a specific theatre. In the peculiar clash of social mores, that ensure who has access to pornography, and the law, that ensures equal access to all legally sanctioned media to everyone, the movie theatre was held responsible for violating the fundamental right of women to have access to their premises -- and thus access to pornography. <br /><br /><em>'We approached the booking counter of Rs. 20/- and asked for tickets. The booking clerk first informed us that it is an English movie and it is not meant for ladies to view. When we insisted for tickets, he asked us to come inside the booking room from the main entrance of the theatre. When we were entering the theatre, the gate-man informed us that ladies are not permitted as it is a "SEX MOVIE".</em></p>
<p><em>However, we walked into the booking room. Booking clerk issued us Box-A tickets and further asked us to see the Manager before taking seats. We did not see the Manager but directly went to Box-A and took seats. Even the Box-A doorman asked us to leave the theatre advising us that we being ladies cannot see it as the movie is a "SEX MOVIE". When the movie began at 12.00 P.M. simultaneously the Manager along with two men switched on the lights in Box-A and asked us to leave the hall immediately. Since he repeatedly insisted us to leave, we both came out of Box-A. On coming out we enquired as to why we should not see the movie, to which the Manager replied that it is a "BF". On asking for further clarification of "BF", the Manager stated that it means "BLUE FILM". When we asked him to identify himself, he informed us that he is Mr. Prasad, Manager of the Theatre, as such he has every right to ask us to leave. When we asked as to how it was not advertised that the movie is meant for men only, he retorted that "It is understood that whenever English movies are played in this theatre, ladies are strictly not permitted." As such we were forced to leave the theatre immediately.'</em><br /><br />The question before the court was whether the films exhibited in this theatre were being exhibited in accordance with the censor certificate or whether there was any tampering; whether there was any other device or contrivance to interpolate or intermingle blue films with any otherwise innocent-looking film. Here, though the court had taken it upon itself to address the pornographic text, it ran into a series of complications when merely trying to access the text or the evidence itself, as two women advocates were sent to determine if there was an illegal film exhibition taking place. Pornography seems to be continuously disappearing even on the rare occasion when it is addressed directly by the court, especially in the court's attempt to precisely locate the moment of transaction of the gaze with the pornographic object.</p>
<p>The court, when allowed to examine the film exhibited, found that it was 'a hotch potch of short films, advertisement films, party propaganda films, Hindi and Telugu feature film bits'. (13) The court finally located the pornographic segments (squeezing breasts in a tub, cunnilingus, brutal murder scene) and the court’s comment was that 'normal scenes were replaced by sexy scenes'. The recommendation of those who examined the films that were ostensibly being spliced into <em>Secret Games 3</em> and <em>Dark Dancers</em> is that, 'The only course proper is not to permit entry into the country for such films which prima facie may be <strong>classified hard or near-hard</strong>'. Though the term near-hard is amusing and unique classification of pornography, maybe it's a Freudian slip by a judicial system caught between disgusted arousal and embarrassment.</p>
<p>Finally, in this judgment, the court had to acknowledge its own blindness -- that there is ‘some hole somewhere in the system so that even excised portions by the Censor Board of the films have found their way to the theatres’, including portions that were never passed through the censor certification process at all. <br /><strong><br />Whose Hard-On (or Near Hard-On) Are We Looking for: The Law in Its Search for the Profane</strong><br /><br />In 2005, two teenagers frolicking were captured on a mobile phone camera, and the clip circulated first through mobile phones and then subsequently on the internet. The clip sparked off a phenomenon of hidden camera and mobile phone clips -- a booming pornographic enterprise now on the internet. For a split second, it seemed as though any kind of desire could become pornographic, captured in an ubiquitous medium and transmitted throughout the country. That thrill and anxiety was possibly grasped at slightly in Anurag Kashyap’s <em>Dev.D</em>, where Chanda -- the prostitute, or the other of the good girl -- is the one depicted as the unknown girl who was part of the MMS clip. Very few films have been able to grasp the visceral embarrassment and immediacy of desire as <em>Dev.D</em> does, and it is possibly not the story of Chanda, but that of Paro that achieves this. Paro, who sends nude pictures of herself across continents; Paro, the cyber-sexer; Paro, the entirely relatable slut who cycles with a mattress across fields of mustard in small town Punjab because she desires sex.</p>
<p>After three and a half years (countless MMSs, one movie reference, and a few academic articles later) the court passes judgment in this case – of who possibly can be held liable for the circulation of the MMS clip online, and specifically its sale on Bazee.com (an eBay subsidiary) by an IIT student (Avnish Bajaj vs State on 29/5/2008 by Muralidhar J.). In this case, it is not the pornographic text that keeps slipping and eluding the grasp of the court; the problem is in the inability, especially in the age of the internet, to fix the transactions around such an object that is rapidly changing hands and circulating at an exponential speed through the internet.</p>
<p>The court is in a bind -- the wrong person is accused. Not the corporate body of Bazee but the CEO of Bazee himself (the boy is a juvenile so is facing lesser charges in the juvenile court). The court has the responsibility to fix the blame of the circulation of the obscene object on Avinash Bajaj, without being able to establish that there is any knowledge on his part about the existence of the clip. Though the court was able to establish that there was negligence on the part of Bazee in running the website (in spite of notification, the clip remained on sale for a whole working day after the complaint), and that the filters used by Bazee were obviously inadequate to control what is sold through the website, it was still not possible to find the CEO liable for obscenity charges. If the company had been charged, this would have been possible. Eventually, even though obscenity as a charge couldn’t stick, similar provisions in the IT Act (Section 67 read with Section 85) were used to charge Avinash Bajaj himself, as opposed to Bazee (the corporate body or the company itself). </p>
<p>Here again the court is forced to confront a pornographic text only in instances where there has been a public furore around it, and the eventual judgment is not likely to be able to even remotely address the phenomenon of MMS clips and hidden camera footage from cybercafes and hostels that has been spawned as a result of this incident. The slippery transaction of the gaze with the pornographic object is difficult to fix though in a different way from the earlier judgment – here the pornographic nature of the text is understood rather than examined, more for its violation of privacy than actual elements of obscenity. But it is still hard to determine for the law, especially with the internet, how and by whom has circulation of the pornographic object has taken place and to fix these transactions to ensure legal culpability.</p>
<p>*****<br />Curiously this tale of women advocates and judges as representatives of law and justice, who are averting their gaze from the pornographic text or find that the text is constantly eluding their legal stare, must deal in its closure with the figure of the male judge. Anne McClintock’s male judge in her article ‘Screwing the System’ (14) is a judge who gets a hard-on each time he sentences a prostitute -- a judge who otherwise pays to be beaten by the very same prostitutes. The Hidayatullah paradox of obscenity law is that the judge who decides on obscenity has to decide on the basis of whether he is affected, or rather aroused -- and if he is turned on, then how is he any longer the reasonable judge, or even the 'reasonable man' who can be expected to pass judgment with the dispassionate authority of law? The work of both Shrimoyee N. Ghosh (on the dance bar judgment) and Lawrence Liang (on cinema and the law) on the relation between law and affect, gestures towards an interesting puzzle for us to consider here: if we could look into the eyes of justice, if she were not blindfolded, what would we see? And is the purpose of the blindfold indeed to prevent us from observing the affective life of law itself – its arousal, disgust and embarrassment?</p>
<p> </p>
<p><strong>Endnotes:</strong></p>
<p>1. Ranjit Udeshi v. State of Maharashtra. Only in the recent fairly progressive judgment on Hussain’s painting, that held eventually after examining it, that it was not obscene, was there an attempt at giving some distinction to the category of pornography apart from it being an aggravated form of obscenity and to say that it, as a class of objects, images, paintings, videos, is designed for sexual arousal, while other material which may or may not be obscene is meant to have other meanings. Such reading of the author’s intentions is a convoluted way of restating Justice Potter’s statement – 'I know it (hard core), when I see it'. <br />2. Fatima Riswana v. State Rep. By A.C.P., Chennai & Ors.Case No.: Appeal (crl.) 61-62 of 2005<br />3. -'…in a clear shift of subject matter, what we are now seeing is an explicitly politicized moral censor looking at all this—looking not so much at the sex industry as at society-in-general, at society itself now theatricalised into a morbid stage of sleaze'. Ashish Rajadhyaksha, in his essay ‘Is Realism Pornographic?,’ which deals with the writings of Pramod Navalkar, former Minister for Culture in Maharashtra, points to how explicit or hard-core pornography does not seem to be the concern as much as a whole range of practices attached to the phenomenon of modernity<br />4. Anastasia Guha, The Beatitudes Of A Bountiful Bhabhi, Tehelka, Vol 5, Issue 19, Dated May 17, 2008. Available online at http://www.tehelka.com/story_main39.asp?filename=hub170508the_beatitudes.asp <br />5. Savitha Bhabi threatened, http://infotech.indiatimes.com/quickiearticleshow/3476748.cms <br />6. For instance, the court held that in Bandit Queen, the nudity during the sequence of rape and torture of Phoolan Devi is necessary in the narrative and essential for the impact and the moral that the story is trying to convey – her anger with the upper caste feudal landlords and her quest for justice become identifiable for the viewer, and hence the nudity is in fact necessary in the story, and has no ‘tendency to deprave or corrupt’.<br />7. The regulation of cybercafes takes place in a manner reminiscent of how cinema spaces such as movie theatres were sought to be regulated by the colonial law. Current laws demand placing of computers so monitors face outward, use of identity cards for every visit, data retention for at least a month for most users, etc. <br />8. Though the latter might be a valid assumption (and certainly beneficial for us) it is an assumption whose presumptuous certainties are shaken in the age of the internet, especially that primarily men access pornography and cyber sex through these newly opening up online spaces.<br />9. Maqbool Fida Husain v. Raj Kumar Pandey CRL. REVISION PETITION No. 114/2007. Decided on 08-05-2008</p>
<p>10. Williams, Linda. Hard Core: Power, Pleasure and the Frenzy of the Visible. Berkeley: University of California Press, 1989<br />11. Costas Douzinas, Lynda Nead (Eds), Law and the Image: the Authority of Art and the Aesthetics of Law. University of Chicago Press, 1999<br />12. Anonymous Letter-Un-Signed vs The Commissioner Of Police And Others on 26 December, 1996<br />13. For a judicial system that is invested in narrative film or narrative structure for reasons of copyright law (see generally Anne Baron, The Legal Property of Film) or for aesthetic reasons, as is evident from the judgment in Bandit Queen (that held nudity when she was paraded naked in front of the villagers to not be obscene because those scenes are needed for a narrative impact – for people to feel moved and disgusted by Phoolan Devi’s plight) it must also be a different kind of horror to find films chopped up into twenty sundry pieces, the last piece thrown somewhere else.<br />14. Anne McClintock, Screwing the System: Sexwork, Race and the Law, Boundary 2, Vol. 19, No. 2, Feminism and Postmodernism (Summer, 1992), 70-95. <br /><br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/the-blindfolded-gaze-of-the-law-and-pornography</a>
</p>
No publishernamitahistories of internet in IndiaObscenityinternet and societyArtcybercultureswomen and internetYouTubeCyberculturescyberspacesDigital subjectivitiesHistory2011-08-02T08:37:23ZBlog EntryPleasure and Pornography: Initial Encounters with the Unknown
http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown
<b>This blog entry is the first in a series by Namita Malhotra on her CIS-RAW project that is about pornography, Internet, sexuality, law, new media and technology. She aims for this to be a multi media and research project/journey which is able to cite and draw on various sources including legal studies, film studies and philosophy, academic and historical work on sexuality, art, film and pornography itself. </b>
<p>There are few dilemmas that one is faced with when working on the vague and over extended category of pornography. The first is the very familiar feminist dilemma over pornography, and the position of radical feminists such as Andrea Dworkin and Catherine McKinnon--pornography is violence or sexually explicit subordination of women. This is more popularly encapsulated in Robin Morgan’s words--pornography is the theory and rape is the practice. Even if this can be collapsed into the positions of pro-sex and anti-sex feminists, it does initially haunt any research agenda on pornography, especially for a guilty quasi-feminist like myself.</p>
<p>However, some of my previous writings have attempted to deal with the position of the women’s movement, specifically in India, on pornography (the details are given below) and here I hope to move beyond either the moral or feminist positions on pornography, to examine what the pervasive phenomenon does. One of the strands that I hope to continue to explore is the relation of body to film. Though film studies is mostly focused on the visual sense, few scholars have looked on film as a bodily experience and attempted to understand the mimetic relation between the body of the 'viewer' and the body of the film. A more tactile understanding of the experience of film and media would be a useful place to start exploring pornography.<br /><br />The second has arisen from many conversations that I have had – when I say I’m working on pornography, the response is either a withdrawal or over-enthusiasm bordering on insistence to share personal collections of erotica and pornography. Though these conversations are often insightful, I have now realized that it is hard for me to actually examine pornography in all its totality – from spliced moments in mainstream films in shady theatres to specificities of hentaii and tentacle porn. Personal tastes, preferences, and access make it hard to be able to be interested in everything. Which is precisely my fascination with pornography – that it is in fact an intensely personal relation or rather a space in which different people have kept very varied and specific material, words, and media--that it also is not entirely about the media/words themselves, but also about how and in what setting they are consumed, how they are bought, downloaded or searched for. <br /><br />The third is the legal conundrum posed by pornography – that it is not recognized in Indian law as a specific category but that there exist, nonetheless, stringent conditions for obscenity. Obscenity is determined on the basis of the Hicklin test, which originated in England in 1868 and has continued as an integral part of Indian law though it has been discredited in English common law and American law. Here, the legal scholarship of Nussbaum is an interesting starting point as it sets up a useful framework that refuses to look at the law as a rational system of rules that is devoid of emotions. Nussbaum analyses the cognitive content of emotions that work within law – in the case of determining obscenity, she points to how emotions of disgust and revulsion play a significant role (the other emotions that she examines in detail are shame, fear and anger in the law). In Nussbaum’s analysis of the cognitive content of disgust, she remarks that in most cultures, disgust is about discomfort humans have with 'our own bodies and decaying selves', and concludes that disgust is an unreliable indicator for obscenity. She refers to McKinnon’s and Dworkin’s work to state that the indicator should be harm done by the material, rather than disgust. I would disagree with Nussbaum on whether harm can be a useful indicator to determine whether something is obscene, but before that it is necessary to examine whether Indian case law actually relies on the notion of disgust. Within Indian law, there seem to be other factors at work including notions of cultural purity vis-à-vis contamination from Western culture. An interesting and rather progressive judgment to look at is the recent High Court judgment on Hussain’s painting of nude Mother India that held that the painting is not obscene. <br /><br />These are a few of the scattered aspects of this project and some of the strands that it will explore. I would also like to share two comics on internet pornography. The first is from the famou <a class="external-link" href="http://imgs.xkcd.com/comics/rule_34.png">xkcd comic</a> series and the second from the relatively new comic series <a class="external-link" href="http://deviswithbabies.blogspot.com/2008/10/brown-girls-equal-opportunity-porn.html">Brown Girls</a>. Both capture how lusty desires will find their objects anywhere – in the explosion of the polymorphous perverse on the internet or presidential debates on television. <br /><br /><br /></p>
<p><strong>Previous material </strong><br /><a class="external-link" href="http://www.apc.org/en/pubs/issue/gender/all/world-wide-web-desire-content-regulation-internet"><strong>The World Wide Web of Desire: Content Regulation on the Internet</strong></a><br />This article attempts to understand the dynamics of pushing the child pornography question to the forefront of any debate around censorship and pornography, especially in contexts of internet regulation, both nationally and in international forums such as the Internet Governance Forum. This is often done at the expense of a more nuanced understanding that would be possible if the focus were on issues related to gender, the prevalence of draconian censorship regimes in most countries in Asia and concerns related to free speech.</p>
<p><a class="external-link" href="http://www.genderit.org/en/index.shtml?apc=r90501-e95021-1"><strong>Do Not Look at Porn</strong></a><br />This is a short video titled "Do not look at porn" which is a remix video or a collage of different materials taken from television and other videos, famous art works, photographs and books. The video is almost boringly pedagogic in its attempt to illustrate the slippery-slope argument which is that obscenity laws generally lead to the ban of progressive material rather than only offensive material. The video features Sarah Jones' song 'Your revolution will not happen between these thighs', and the popular Warcraft character based machinema video 'The internet is for porn'.</p>
<p><a class="external-link" href="http://www.genderit.org/en/index.shtml?apc=r90480-e95146-1"><strong>Search History: Examining Pornography on the Internet</strong></a><br />This article explores some of the dilemmas of the women's movement in India when faced with the question of pornography. It also is a very basic historical look at the category of pornography itself, as it emerged to describe the array of objects and artefacts discovered in the ancient city of Pompeii. These finds were kept at the Secret Museum; only men of a certain upper class were allowed and ‘trusted’ to have access to these objects, and not the ‘easily corruptible rabble or women’. Such distinctions would often arise in the case of pornography and be the reasoning behind censorship and regulation of many media in the next few centuries. Whether it was the birth of photography, cinema, video, and in recent times the internet and new media (CD,VCD, DVD), each technology has been greeted with suspicion of its possible harm to society. <br /><br /><br /><br /><br /></p>
<p>
For more details visit <a href='http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown'>http://editors.cis-india.org/raw/histories-of-the-internet/blogs/law-video-technology/xxx-files-initial-encounters-with-the-unknown</a>
</p>
No publishernamitahistories of internet in IndiaObscenityinternet and societywomen and internetresearchCyborgsdigital subjectivitiesHistory2011-08-02T08:37:27ZBlog EntryCollaborative Projects Programme
http://editors.cis-india.org/research/grants/collaborative-projects-programme
<b></b>
<p>The Centre for Internet and Society recognises collaboration and
consultation as its primary mode of engaging with research and
intervention. The <strong>Collaborative Projects Programme (CPP)</strong> is CIS’
platform for partnering (intellectually, logistically, financially,
and administratively) with other organisations, individuals and
practitioners in projects which are of immediate concern to the work
that CIS is committed to.</p>
<p>The Collaborative Projects Programme also expands the scope of
research to produce a synergy between research and praxis. The
CPP is, in many ways, the in-house research that CIS undertakes, in
collaboration and consultation with other organisations, institutions
and individuals who have a stake and a say in the field of Internet
and Society. The CPP is not bound by any theme of programmatic
modalities and is envisioned more as a way for CIS to extend its
field and establish a strong network with other exciting spaces in
the Global South.</p>
<p>The Collaborative Projects Programme can include, but is not
limited to, organising of large conferences or workshops; developing
tools for better research and advocacy; data mining towards a
specific goal that complements CIS’ vision; producing original
monographs/publications/books targeted at different audiences;
experimenting with new technologies to affect policy and usage;
implementing pilot studies and instances of existing ideas;
developing schemes to integrate education and technology; public
intervention and awareness campaigns geared towards particular
outcomes; celebrating certain aspects of internet technologies;
engaging with digital natives; and creating new environments of
learning and participation online.</p>
<p>The CPP is <strong>NOT</strong> a grant making programme. However, we are
interested in partnering on new and innovative ideas and would
welcome conversations with people and organisations in the field. If
you have an interesting idea that you think fits our larger vision,
please contact us and we can begin the discussions.</p>
<p> </p>
<p><strong>List of Projects under the Collaborative Projects Programme:</strong></p>
<p>1. The Promise of Invisibility: Technology and the City - A seven month research project initiated by Nishant Shah, in collaboration with the Centre for Contemporary Cultural Studies, Shanghai University, enabled by a grant from the Asia Scholarship Foundation, Bangkok.</p>
<p>2. Disability, Learning and Digital Participation - in partnership with <a class="external-link" href="http://www.inclusiveplanet.org/">Inclusive Planet</a></p>
<p>
For more details visit <a href='http://editors.cis-india.org/research/grants/collaborative-projects-programme'>http://editors.cis-india.org/research/grants/collaborative-projects-programme</a>
</p>
No publishernishantCyberspaceFamilyDigital NativesPublic AccountabilityObscenitye-governanceCyborgsCyberculturesProjectsNew PedagogiesCommunitiesDigital subjectivitiesDigital Pluralism2011-08-23T03:04:56ZPage