Thread by @LiveLawIndia

Language of TVF web series “College Romance” does not pass morale decency community test, transgresses into area of obscenity: #DelhiHighCourt

“Challenge for enacting appropriate law/guidelines to regulate content on social media, OTT platforms needs urgent attention,”court says

Use of vulgar language in public domain and social media platforms which are open to children of tender age needs to be taken seriously: Justice Swarana Kanta Sharma

#DelhiHighCourt #OTT

Court: The individualistic choice which is not the choice of the majority of people of this country cannot be portrayed as choice of that majority and to be broadcasted on the ground or assumption that youth of this country speak such foul or profane language.

Court: This Court, therefore, holds that individualism of choice of using such profane language full of expletives has to give way to the majoritism of people who want to speak and hear civil language free of expletives for themselves and for their children.

Court: this Court reaches a conclusion that majority of this country cannot be said to be using such vulgar, profane, indecent, swear words and expletives as projected in the web series in question in day-to-day spoken language with each other even in educational institutions.

“It will be a sad day for society in case the same vulgar and obscene language is spoken in schools, streets and houses in the name of new culture of the students,” says #DelhiHighCourt

Court: The web series does deprave the morality of the impressionable minds.

Court: the good old Hindi or any other Indian language does not need liberation from their goodness, and the civil society does not need liberation from civility and pride in speaking expletive free languages and mother tongues.

The court was hearing petitions moved by TVF Media Labs Pvt. Ltd., Casting Director of web series 'College Romance' and its lead actors against the orders passed by the sessions court and ACMM for registration of FIR against them.

The ACMM vide order dated September 17, 2019, directed the concerned SHO to register FIR against the petitioners under appropriate provision of law after conducting investigation into the allegations of the complainant.

In the revision petition filed by petitioners before sessions court, ASJ vide order dated November 11 , 2020, modified the ACMM’s order to the extent that FIR be registered only under section 67A of Information & Technology Act and rest of the sections related to IPC be dropped.

The court upheld order of the ASJ to the extent whereby it held that section 292 and 294 IPC are not made out and 67A IT Act is made out. However, the bench said, it is modified to the extent of dropping offence under Section 67 of the IT Act

“Resultantly, the order of the learned ACMM is upheld to the extent of registration of FIR under Section 67 and 67A of IT Act. It is clarified that the direction to register FIR in the present case does not include a direction to arrest any of the accused/petitioner,” it said.

The court added that in case the specific episode is still posted on any YouTube channel without classification, appropriate remedial steps will be taken by YouTube, as per law, rules and guidelines of the IT Act issued by Ministry of Information and Technology from time to time.