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Synopsis

The Delhi High Court has sought the Union government’s reply on the steps taken for enforcing stricter application of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on over-the-top (OTT) platforms.

After a recent ruling in which the court had stated that the web series "College Romance" streaming on over-the-top (OTT) platform TVF had used obscene, profane, and vulgar language, which will deprive and corrupt the minds of young people, the bench of Justice Swarana Kanta Sharma issued the above order earlier last week.

“This Court vide judgment dated 06.03.2023, in the above-captioned petitions, had directed Ministry of Electronics and Information Technology, Government of India to take steps in terms of directions and observations contained in para no. 84 of the judgment. No report has been received yet in this regard”, the court said in its order.

The single-judge bench issued notice to the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting. Accordingly, the court listed the matter for further consideration on April 25.

During the hearing on April 12, the Standing Counsel, Monika Arora appeared for the Union of India and accepted notice on behalf of the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting. Arora sought time to file reply.

Notably, the high court judge in March had stated that she had to watch the episodes of the show with the aid of earphones in the chamber as the profanity of language used was such that it could not have been heard without shocking or alarming the people around.

“The individualistic choice which is not the choice of the majority of people of this country cannot be portrayed as choice of theta majority and to be broadcasted on the ground or assumption that youth of this country speak such foul or profane language,” the judge had said.

“This Court draws the attention of the Ministry of Information and Technology to the situations which are fast emerging on a daily basis and to take steps for enforcing stricter application of its rules qua the intermediaries as notified in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and make any laws or rules as deemed appropriate in its wisdom, in light of the observations made in this judgment”, the court had then ordered.

Court had then also stated that the video in question was available to be viewed by everyone in India on YouTube without there being any age restriction mechanism. The court had, therefore, said that the use of obscene words and foul language on social media platforms also needs to be regulated “when it crosses a particular line” as it can be a “true threat to impressionable minds” while adding that all this cannot receive protection of under the garb of free speech.

Case Title: TVF Media Labs Pvt. Ltd. & Ors. vs. STATE (Govt of NCT of Delhi) & Anr. (batch of pleas)