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Oct

The true legal situation regarding the possession of obscene visuals

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“No one gets caught by watching it on web”
“It’s all right to have it with you; but sharing is wrong”

The discussion about the legal situation regarding obscene visuals is already on stage. It is perceived through media that the public have paid special attention to the issue.

We contacted Dr Prathibha Mahanamaheva to inquire regarding the issue. The law about the possession of obscene visuals is explained in the 1927 Obscene Publications Ordinance which underwent reform in 2005.

According to Dr Mahanamaheva the selling, sharing, audio and visual publication and supporting such publication, are considered illegal.

A person cannot be arrested for viewing a certain website. Viewing is not considered an offence. They are not usually censored from the internet.

Mr Mahanama further said that it is possible to arrest a person with evidence if caught sharing or publishing obscene visuals through media.

Secondly according to section ‘A’ of the 286th sentence in the Penal Code (Amendment) Act (No. 22 of 1995) it is an offence to audio or video record, rent, distribute, influence or engage someone in porn-related activities. But mere watching is not offensive.

The intention of keeping such visuals in possession must be found out. Yet it is not mentioned in the Ordinance.

Yet if visuals including nudity are shared they can be used as evidence at a lawsuit. If audios and visuals are utilized at a lawsuit, action can be taken according to the Evidence (Special Provisions) Act (No. 14 of 1995).

However if a child below 18 is found watching these, it is possible to file a complaint against the guardian. It is wrong for children below 18 to view any obscene website. Yet, legal Acts must consolidate it as wrong.

Dr Mahanamaheva said that social networking websites cannot be banned and that if an injunction is to be implemented it must involve filtering as done in China. The first result of the implementation of such a ban will be that a complaint will be filed at the Court requesting the right to freedom of expression and publication.

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