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Synopsis

The Union government has recently told the Delhi High Court that it will incorporate rules/regulations to regulate social media platforms, and intermediaries for making them safer from the use of vulgar language including profanity, bad words, etc.

On perusal of the report by the Ministry of Electronics & Information Technology (MeitY), the bench of Justice Swarana Kanta Sharma noted, “It is stated that it is a policy decision and having taken note of the concerns of this Court expressed through its directions, the concerned Ministry, while undertaking its regular exercise of policy making, will incorporate rules/regulations to regulate the social media platforms, intermediaries for making it safer from the use of vulgar language including profanity, bad words, etc., as per the judgment of this Court”.

The court was dealing with a compliance report on behalf of MeitY that has been filed pursuant to the order passed by the High Court dated April 12, 2023 whereby it had sought compliance of its judgment dated March 6, 2023.

“Considering the same, this Court while taking note of the fact that it is a policy decision which is to be undertaken by the Ministry and the legislature, it is sufficient compliance of the order of this Court. This Court has been assured that the concerns of this Court expressed through the said judgment will be incorporated in the future rules and regulations which will be shortly undertaken”, the court said in its order dated August 17.

It is to be noted that in April, Justice Sharma had sought the Union government’s reply on the steps taken for enforcing the stricter application of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on over-the-top (OTT) platforms. Justice Sharma had sought the Union Govt's reply after a recent ruling in which she 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. 

Notably, the 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: X v. State (Govt. of NCT of Delhi) & Anr.