Karnataka porn row: It is a grave offence, says cyber law expert

Although watching porn is not an offence, co-operation minister Lakshman Savadi committed a grave offence by viewing the clip on the floor of the assembly, said Pawan Duggal, a Supreme Court advocate and authority on cyber law.

He said Savadi was watching the obscene clip as it was being transmitted on his mobile. This amounted to illegal transmission of obscene material and also abuse of gadget. The offence would invite three years imprisonment and fine of Rs5 lakh.
Morally, legislators should serve as role models to people. But if they indulged in acts like this, people would lose faith in democracy, he said.

The government gives mobile phones to public servants for good use. Savadi should be booked under appropriate section for misusing the gadget given to him. Savadi was caught in the act inside the assembly and what he had done was a grave mistake morally, ethically and legally, Duggal said. A senior police officer, who did not want to be quoted, said Savadi could also be booked for violating the code of conduct in the assembly.

The speaker of the house could also initiate disciplinary action against the minister for violating the code of conduct as use of mobile phones is banned in the house.

As Savadi was caught watching the clip on his mobile, he could also be booked under IT Act for transmission of obscene material. However, possession of such clips for private use does not attract penal action.

“If we receive complaint from the public in this regard, we will initiate investigations after seeking permission from the appropriate authorities,” the officer said.