Law watch
Addressing pornography by law
Sultan Mohammad Wohid
IN recent year, there has been a significant increase of pornography in our society. It is a very vital issue for not only of our country but also for the whole universe. In the course of practicing pornography, some people are violating our social norms rapidly, but most of those do not realize about the degree of such evil works.
The industry of pornography has grown dramatically in the past several years. According to web information, in 1996 alone, Americans spent more than $ 08 billion on X-rated video sales and rentals, live sex glows, adult cable show, computer pornography and adult magazine and another $ 01 billion on Commercial telephone sex and rentals of hard core videos increased from 75 million in 1985 to 686 million in 1998. It is an example of increasing rate of pornography materials. So it is high time to keep an attention to protect pornography.
The word Pornography has many definitions but according to the oxford dictionary- Pornography means explicit representation of sexual activity in literature, films, etc, intended to stimulate erotic rather than aesthetic or emotional feelings. Performers in pornography are referred to as pornography actors (or actresses) or the more commonly known as “Porn star”.
Over the past few decades, an immense industry for the production and consumption of pornography has grown, due to emergence of the VCR, the VCD, the DVD, adult magazine and the internet, as well as the emergence of more sexual portrayals and such pornography may use any of a variety of media printed literature, photos, sculpture, drawing, painting, animation, sound recording, film, video or video game etc.
But, In Bangladesh, there has been no specific law separately to control the exposure of pornographic materials, though it is one of the most vital issues for the present universe. However, some provisions of different laws in Bangladesh have addressed the issue, like-
(a) The Cinematograph Act 1918 was enacted to prohibit of exhibition of unauthorized and unlicensed films, cassettes, cinematographs, video cassette recorder etc, which has not been certified as suitable for public exhibition by the authority constituted under the Censorship of Films Act'1963. On the other hand, the Censorship of Films Act 1963 was designed to provide for censorship of cinematograph films and for the decertification of certified films in the interest of law and order, or in the interest of local film industry, or in any other national interest, and matters incidental thereto or connected therewith, Here, the word in any other national interest concludes to maintain the fabric of the society and for which it can without any doubt, be said that no pornographic material can get permission for exhibition through the Censorship of Films Act 1963 and according to section 8(1) of this censorship law whoever exhibiting or abetting the exhibition of an uncertified film shall be punished with imprisonment for 3 years but shall not be less than one year or with fine up to taka ten thousand or with both.
(b) By the virtue of section 292, 293 and 294 of the Penal Code 1860 of Bangladesh, the exposes of pornographic or obscene materials is prohibited and section 292 of the Penal Code summarily says- whoever sells, distributes, publicly, exhibits, imports, exports, conveys, advertise, offer etc, or produce of has in his possession any obscene book, pamphlet, paper, drawing, painting, figure etc, shall be punished with imprisonment for three months or with fine or with both and under section 293- “whoever does offence to any persons under the age of twenty years, he shall be punished with six months imprisonment on with fine or with both”.
(c) Restriction to expose or broadcast any pornographic or indecent materials through website or in any electronic media: the Totho O Jogajog Projukti Ain 2006 restricts to expose or broadcast any pornographic or indecent materials through website or by any other electronic means. Section 57 of this Act declare- “It Shall be a crime, if any person willingly exhibit or transmit anything in any website or in any electronic media which is either false or indecent or either by viewing, reading or by hearing which split-up any person from moral principles, or instigates any person of being dishonest or by which it occurs defamation or it decrease the situation of law and order, or creates possibility of happening so, or it effect on the image of any individual or govt. or it strikes on the religious belief or it could do so, or by which information it creates indecent against any person or any association. And if any person does any such crime, he shall be punished for 10 year imprisonment or with fine up to 10 crore taka or both.”
These days, the young generation is using digital cellular phones containing a large number of pornographic materials. But in our current laws (Totho O JogaJog Projikti Ain), this issue is almost is in vague expression. On the other hand, the provisions of punishment by the Cinematograph Act 1918 and the Penal Code 1860 on pornographic field is not sufficient and is as old that it should be updated to prevent further social evils.
The writer is an Advocate, Judge Court, Chittagong.
