It is interesting to note that while a hot debate is
happening in India on the irresponsible use of Camera Phones or other means
to capture photographs or videos in violation of normal limits of decency and
privacy rights, a law is about to be enacted in US.
Called the Video Voyeurism Protection Act 2004 ,
this act makes it a
crime to surreptitiously capture images of people in situations in which they
have an expectation of privacy. Under the new law, video voyeurism committed on
federal lands would be punishable by a fine of not more than $100,000 or
imprisonment for up to one year, or both.
Under the Act, Video Voyeurism
is defined as under:
Sec. 1801. Video voyeurism
`(a) Whoever, in the special maritime and territorial
jurisdiction of the United States, has the intent to capture an image of a
private area of an individual without their consent, and knowingly does so
under circumstances in which the individual has a reasonable expectation of
privacy, shall be fined under this title or imprisoned not more than one year,
or both.
`(b) In this section--
`(1) the term `capture', with respect to an image, means
to videotape, photograph, film, record by any means, or broadcast;
`(2) the term `broadcast' means to electronically
transmit a visual image with the intent that it be viewed by a person or
persons;
`(3) the term `a private area of the individual' means
the naked or undergarment clad genitals, pubic area, buttocks, or female
breast of that individual;
`(4) the term `female breast' means any portion of the
female breast below the top of the areola; and
`(5) the term `under circumstances in which that
individual has a reasonable expectation of privacy' means--
(c) This section does not prohibit any lawful law
enforcement, correctional, or intelligence activity.'.
The Bill has been passed by both House and Senate and has
been presented on 15th December 2004 to the President for his signature.
In the light of this Bill there is a need for debating if a
similar legislation is required in India or the current provisions of law in IPC
and ITA-2000 can be extended to meet the requirements mentioned above.
As of now the provisions of Indian law makes a subjective
definition of what is "Obscene" and leaves it to be decided by the circumstances
of the case. The US law on the other hand tries to provide an unambiguous
definition of the offence.
It appears that in the present context of diverse cultures
prevailing in India, it would be premature to define "Obscenity" and the current
status may serve the requirements of our society for some more time.
Naavi
December 16,2004
