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{{Short description|2004 Indian sex scandal}} | |||
{{more citations needed|date=July 2020}} | {{more citations needed|date=July 2020}} | ||
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{{Use dmy dates|date=September 2013}} | {{Use dmy dates|date=September 2013}} | ||
The '''DPS MMS Scandal''' of 2004 was an infamous [[scandal]] caused by the unconsented sharing of an [[Pornography|explicit video]] filmed by a student at [[Delhi Public School]]. The scandal caused widespread sensation across [[India]].<ref>{{cite web|url=https://timesofindia.indiatimes.com/home/sunday-times/what-the-dps-mms-tells-us-about-consent-in-the-digital-age/articleshow/64238647.cms|title=What the DPS MMS tells us about consent in the digital age|author=Richa Kaul Padte|work=timesofindia.com}}</ref> | The '''DPS MMS Scandal''' of 2004 was an infamous [[scandal]] caused by the unconsented sharing of an [[Pornography|explicit video]] filmed by a student at [[Delhi Public School, R. K. Puram]]. The scandal caused a widespread sensation across [[India]].<ref>{{cite web|url=https://timesofindia.indiatimes.com/home/sunday-times/what-the-dps-mms-tells-us-about-consent-in-the-digital-age/articleshow/64238647.cms|title=What the DPS MMS tells us about consent in the digital age|author=Richa Kaul Padte|work=timesofindia.com}}</ref> | ||
==The MMS clip== | ==The MMS clip== | ||
In 2004, an [[Minor (law)|underage]] male student attending [[Delhi Public School, R. K. Puram|Delhi Public School, R.K. Puram]], shot a video on his phone of a fellow female student, seemingly without her knowledge. The grainy video clip was then shared through [[Multimedia Messaging Service|MMS]] and went [[Viral video|viral]] on [[Internet pornography|porn sites]].<ref name="netporn">{{cite web|url=http://www.networkcultures.org/_uploads/24.pdf|title=A Netporn Studies Reader|author=Katrien Jacobs|author2=Marije Janssen|author3=Matteo Pasquinelli|publisher=Institute of Network Cultures|pages=41|accessdate=3 April 2012|location=Amsterdam}}</ref> | In 2004, an [[Minor (law)|underage]] male student Hemant Chugh attending [[Delhi Public School, R. K. Puram|Delhi Public School, R.K. Puram]], shot a video on his phone of a fellow female student, Aparna Bedi, topless and performing [[fellatio]] on him, seemingly without her knowledge. The grainy video clip was then shared through [[Multimedia Messaging Service|MMS]] and went [[Viral video|viral]] on [[Internet pornography|porn sites]].<ref name="netporn">{{cite web|url=http://www.networkcultures.org/_uploads/24.pdf|title=A Netporn Studies Reader|author=Katrien Jacobs|author2=Marije Janssen|author3=Matteo Pasquinelli|publisher=Institute of Network Cultures|pages=41|accessdate=3 April 2012|location=Amsterdam}}</ref> | ||
==Auction bid== | ==Auction bid== | ||
On 9 | On 9 October 2004, an article appeared in Delhi-based [[Tabloid (newspaper format)|tabloid]] ''Today'' with the headline, "DPS sex video at baazee.com". The article, written by Anupam Thapa, had the tag "Outrage", was an exclusive story, and claimed "online website goes ahead with the sale of the infamous clip". The article stated, "India's biggest online trading portal baazee.com had listed the said [[Multimedia Messaging Service|MMS clip]] under the title 'DPS girls having fun' with the member ID of 27877408. The police upon investigation learnt that one Alice Electronics of [[Kharagpur|Kharagpur, West Bengal]] had sold 8 copies of said clip since the 27th August 2004." | ||
After this story appeared Delhi Police Commissioner took cognizance of the news item and ordered crime branch to register a case and investigate. Crime branch of Delhi Police registered a case at [[Hauz Khas]] Police Station naming Anupam Thapa as [[Plaintiff|complainant]] in the case and treating the entire story as a [[First information report|First Information Report]].<ref>{{cite web|url=http://www.indiankanoon.org/doc/309722/|title=Avnish Bajaj vs State on 29 May, 2008|work=indiankanoon.org}}</ref> | After this story appeared Delhi Police Commissioner took cognizance of the news item and ordered crime branch to register a case and investigate. Crime branch of Delhi Police registered a case at [[Hauz Khas]] Police Station naming Anupam Thapa as [[Plaintiff|complainant]] in the case and treating the entire story as a [[First information report|First Information Report]].<ref>{{cite web|url=http://www.indiankanoon.org/doc/309722/|title=Avnish Bajaj vs State on 29 May, 2008|work=indiankanoon.org}}</ref> | ||
Avnish Bajaj, the then CEO of the website Baazee.com was summoned by the [[Delhi High Court]] for having allowed this clip to be listed for auction under sections 67 and 85 of the I-T Act, 2000. While Section 67 prohibits publishing obscene information in electronic form, Section 85 allows the prosecution of a person responsible for the business of a company over violations. Bajaj who had subsequently sold his company to [[EBay|eBay Pvt. Ltd]]. contended that mere listing could not be construed as crime under the [[Information Technology Act, 2000|Information Technology Act 2000]].<ref>{{cite news | url=https://economictimes.indiatimes.com/news/politics-and-nation/ebay-chief-moves-sc-in-dps-mms-case/articleshow/3358810.cms | title=eBay chief moves SC in DPS MMS case | first=Sanjay K | last=Singh | date=13 August 2008 | newspaper=The Economic Times | accessdate=16 June 2018 }}</ref> | Avnish Bajaj, the then CEO of the website Baazee.com was summoned by the [[Delhi High Court]] for having allowed this clip to be listed for auction under sections 67 and 85 of the I-T Act, 2000. While Section 67 prohibits publishing obscene information in electronic form, Section 85 allows the prosecution of a person responsible for the business of a company over violations. Bajaj who had subsequently sold his company to [[EBay|eBay Pvt. Ltd]]. contended that mere listing could not be construed as crime under the [[Information Technology Act, 2000|Information Technology Act 2000]].<ref>{{cite news | url=https://economictimes.indiatimes.com/news/politics-and-nation/ebay-chief-moves-sc-in-dps-mms-case/articleshow/3358810.cms | title=eBay chief moves SC in DPS MMS case | first=Sanjay K | last=Singh | date=13 August 2008 | newspaper=The Economic Times | accessdate=16 June 2018 }}</ref> | ||
==Legal consequences== | ==Legal consequences== | ||
This incident caused panic across the country, with many media outlets covering the story. Discussions surrounding the event brought to light the inefficiency of and the need to amend the IT Act, 2000.<ref>{{cite web|url=http://www.cis-india.org/publications/cis/nishant/playblog%20performance%20pornography%20cyberspace.pdf/view|title=Playblog: Pornography, Performance, and Cyberspace|work=cis-india.org}}</ref> Following this scandal, and partly due to debates around [[culpability]], liability and prosecution of material on the internet, several key judgements were passed including banning the use of mobile phones in college and school campuses across India. | This incident caused panic across the country, with many media outlets covering the story. Discussions surrounding the event brought to light the inefficiency of and the need to amend the IT Act, 2000.<ref>{{cite web|url=http://www.cis-india.org/publications/cis/nishant/playblog%20performance%20pornography%20cyberspace.pdf/view|title=Playblog: Pornography, Performance, and Cyberspace|work=cis-india.org}}</ref> Following this scandal, and partly due to debates around [[culpability]], liability and prosecution of material on the internet, several key judgements were passed including banning the use of mobile phones in college and school campuses across India. The female student was expelled from the school and she continued her studies from Canada. | ||
==In popular culture== | ==In popular culture== | ||
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[[Category:Scandals in India]] | [[Category:Scandals in India]] | ||
[[Category:Sex scandals]] | [[Category:Sex scandals in India]] | ||
[[Category:Crime in Delhi]] | [[Category:Crime in Delhi]] | ||
[[Category:Cybercrime in India]] | |||
[[Category:Delhi Public School Society]] | |||
[[Category:Sexting]] | |||
[[Category:Online obscenity controversies]] | |||
[[Category:Indian pornography]] | |||
[[Category:Adolescent sexuality]] | |||
[[Category:Sex crimes in India]] | |||