- This topic has 35 replies, 24 voices, and was last updated 1 year, 3 months ago by
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UNSFW art falls into a legal grey area in India. If reported and classified as obscene under IPC Section 292 or IT Act Section 67, you could face legal trouble, including device seizures, fines, or even jail time. Publicly sharing or selling NSFW content in India increases the risk, especially if payments are flagged for illegal services. However, if your work is private, shared only with international clients, and not explicitly labeled NSFW, the risk is lower. Courts may protect artistic expression, but the legal process can be risky and time-consuming. To stay safe, use pseudonyms, private platforms, and secure payment methods. While arrest is unlikely unless reported, keeping a low profile is the best way to avoid legal issues.
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E>Publicly sharing or selling NSFW content in India increases the risk, especially if payments are flagged for illegal services.
I have a question. How come “Indian porn” is fine in that regard? Are there any loopholes those porn studios or individuals are using ?
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MIts the “too much for police to enforce loophole”
Proceedings are unlikely to happen unless the police catches them in the act of production, restricting access is usually handled at the ISP side-
E>Proceedings are unlikely to happen unless the police catches them in the act of production,
Actors are also involved in this, right? And their faces are also visible.
So, unless someone is triggered or a collective social pressure is put on the police, the individuals involved in the production would be free. Did I got that right ?
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Cmake one with clothes on another layer and ask ur client to delete that layer when he recieves it /s
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UYou are an artist, and you are working for a client which establishes a master-client relationship. So any obscene poster or literature will only attract laws of your clients jurisdiction. Since, you are only giving services in Indian jurisdiction and not publishing on any mass media in India, i.e not willfully spreading obscenity, then you are not liable for any penal action.
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UI don’t know their working but their tos strictly mention it. Even many artist use wise, stripe or loophole to monetise it
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LWithout going into the question of whether artistic expression would lead to obscenity (MF Hussain was constantly the subject of such proceedings but I don’t recall any of them leading to a conviction- intact I think SC even said that it won’t amount to obscenity), obscenity would require publishing the material ie making it publicly accessible. If someone approaches you and commissions a specific painting which is only going to that person, the question of obscenity may not arise.
Having said that, you should do the transaction on the down low, ie don’t put it on twitter, as this may lead to scrutiny that the painting is obscene. In fact you should tell the buyer to not publicly credit you with the painting (he can do so privately). Also just specify in your invoice that the service is a “painting” without giving any further details. This will avoid any allegations that it was obscene.
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UBut if I used a pseudonym and not mention my nationality then it is okay to upload it on twitter, as there is a good community there for these arts. And mostly commissions are receive through twitter which act as a showcase(mostly behind a paywall in patreon)
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