India Obscenity Arrest Sparks Global Uproar

LOS ANGELES — With more American companies increasingly turning to India for e-commerce opportunities, the arrest of an eBay unit’s executive over a porn video for sale on his company’s website has caused an international stir.

Caught in the middle of the sex scandal is Avnish Bajaj, the Indian-born American executive who heads Baazee.com, where the clip was put up for sale.

But of greater concern to many in the online adult and mainstream business community is Bajaj’s arrest under the ambiguous Information Technology Act of 2000, which makes it a criminal offense to “publish, transmit, or cause to publish any information in electronic form, which is obscene.”

Bajaj was arrested last week and freed after posting bail Tuesday. While granting bail, the New Delhi High Court told Bajaj he couldn’t leave India without permission. If convicted, Bajaj could be jailed for up to five years; be fined 100,000 rupees, or about $2,300; or both.

The arrest stems from a listing on Baazee of a video depicting oral sex between a teenage boy and girl at one of India’s top schools —The Delhi Public School — that was captured on cellphone and later burned onto CDs.

Lasting 2 minutes and 37 seconds, the video clip has since traveled all over the country and overseas through the Internet. It didn’t draw much attention until an engineering student at a prestigious Indian college listed it for sale on Baazee, which has 1 million registered users.

Now the 17-year-old girl who performed in front of the camera has been sent to Canada by her parents, and the boy, 17, is now in a juvenile detention center until Jan. 4, when he’s expected to end questioning by India authorities.

Though public transmission and sale of pornography in India is a crime, possession and viewing is not. Pornographic videos are available in most Indian cities, where there is a flourishing underground trade.

Pawan Duggal, a cyber law expert, told the Times of India that Bajaj’s arrest has serious implications, especially when Internet usage in the country is rapidly growing and foreign investors are increasingly looking to India for business opportunities.

“Ultimately we have to see a bigger picture,” Duggal said. “We want to increase Internet penetration.”

Kiran Karnik, president of India’s National Association of Software and Service Companies, agreed — somewhat.

“There should be no inhibition of e-commerce,” Karnik said. “But companies must respect the laws of the land respecting pornography.”

Duggal, however, said changes need to be made to the obscenity laws to plug some loopholes that drag Internet companies into legal problems.

“I believe the government is in the process of plugging them,” he said. “The law needs to be more industry friendly and more pragmatic.”

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Byborg's Le Shaw Institute Partners With Woodhull Freedom Foundation

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with the U.S.-based Woodhull Freedom Foundation.

Trump VP Pick J. D. Vance Called for 'Outright Ban' on Adult Content in 2021

Presumptive Republican presidential nominee Donald Trump announced Monday that he had selected as his running mate Ohio Senator J. D. Vance, who in a 2021 interview called for an “outright ban” on porn.

Catholic Groups Produce New Propaganda Series 'The Porn Disaster'

Catholic communications conglomerate Shalom Media has released new episodes of its anti-porn propaganda video and audio series, “The Porn Disaster.”

National Conservatism Conference Panelist Confirms Age Verification Laws Are Path to Total Porn Ban

This year’s National Conservatism Conference in Washington hosted a “Big Tech and Big Porn” panel earlier this week, during which a spokesperson for the right-wing Ethics and Public Policy Center confirmed that the age verification laws currently being promoted around the country by religious conservatives are merely a step toward the ultimate goal of a total ban of porn.

Pornhub Shuts Down Access in Kentucky Over Age Verification

Aylo has blocked access to Pornhub in Kentucky as of Wednesday, five days before the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — is scheduled to go into effect.

Show More