Question
Constitution of India guarantees Freedom of Speech and Expression under Article 19 to ensure free flow of ideas and thoughts. However, 'reasonable restrictions' are imposed
Constitution of India guarantees Freedom of Speech and Expression under Article 19 to ensure free flow of ideas and thoughts. However, 'reasonable restrictions' are imposed in this right by the Indian Constitution, which put limitation on the free flow of ideas. One of the restrictions imposed is related to "decency or morality" that prohibits publication of obscene materials. This enables obscenity as an exception to the freedom
of speech, as these materials are considered extremely harmful to the community standard and affects the moral values prevalent in the society.
In the light of above statement, explain the law relating to obscenity as provided in Information Technology Act, 2000 and as interpreted by the Judiciary in India. Also compare the provisions with that of Indian Penal Code, 1860 and state how they are distinguished from that of the provisions provided in IT Act, 2000.
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