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Synopsis

The Delhi High Court on Monday ruled that the language used in the web series ‘College Romance’ streaming on over the top (OTT) platform TVF, is obscene, profane and vulgar which will deprive and corrupt the minds of young people.

The single judge bench of Justice Swarana Kanta Sharma stated that she had to watch the episodes of 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 said.

Hence, the judge ruled that TVF, the show’s director Simarpreet Singh and actor Apoorva Arora are liable to face action under Section 67 (publishing or transmitting, in the electronic form, any material which is lascivious) and 67A (punishment for publishing or transmitting of material containing sexually explicit act) of Information Technology (IT) Act.

The court was hearing petitions moved by TVF Media Pvt. Ltd., casting directors 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 had directed the Police to register FIR against TVF, Singh and Arora under Sections 292 (sale etc of obscene books, pamphlets, paper, writing, drawing, painting, representation, figure or any other object), 294 (punishment for obscene acts in public) of the Indian Penal Code as well as Section 67 and 67A of the IT Act.

Court stated that the video in question is available to be viewed by everyone in India on YouTube without their being any age restriction mechanism. The court 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.

Court also asked the Ministry of Electronics and Information Technology (MEITY) to take steps for enforcing stricter application of its IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

However, in her judgement, Justice Sharma clarified that the direction to register FIR does not include a direction to arrest any of the persons accused in the case. Court said that "by way of the present judgment it is not creating any new law, rather it wants to ensure that by way of rigorous process of legal reasoning and having regard to written provisions of available laws, case laws and societal affirmed values, it is able to point out the wrong doers and bring them within the ambit of law.

“In the light of above, 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,” it said.

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