Abstract

"Obscenity is hard to define, but I know it when I see it." This remark by U.S. Supreme Court Justice Potter Stewart in Jacobellis v. Ohio (1964) encapsulates the inherent difficulty in defining obscenity—an issue that continues to challenge the Indian legal framework. In India, the regulation of pornography is characterized by contradictions, rooted in colonial-era laws and juxtaposed with the modern realities of a digital society. While the Supreme Court has recognized privacy as a fundamental right under Article 21 of the Constitution, this right is curtailed by laws governing obscenity under the Indian Penal Code (IPC) and the Information Technology (IT) Act, 2000. Platforms like OnlyFans, which rely on user-generated and subscription-based content, exist in a legal grey area, raising critical questions about individual freedoms, societal morality, and enforcement mechanisms. This paper examines the historical and legal trajectory of obscenity laws in India, focusing on their implications for platforms like OnlyFans. It explores the interplay of consent, privacy, and state regulation, while drawing comparisons with international legal frameworks. Ultimately, the paper argues for a nuanced regulatory approach that balances individual rights with societal values.

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