The Delhi High court on Monday upheld an order for registration of FIR against the TVF and its actor and also asked the government to take steps to check the language of the content of (Over The Top) OTT platforms.
However the court clarified that the direction to register FIR in the present case does not include a direction to arrest any of the accused/petitioner.
The high court also asked the government to take step for enforcing stricter application of its rules qua the intermediaries as notified in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Justice Swarana Kanta Sharma said in the judgement, "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 judgement."
A copy of this judgement be forwarded to the Secretary, Ministry of Electronics and Information Technology, Government of India, and concerned officials of YouTube India, the court said.
The bench also upheld the order of the ACMM to the extent of registration of FIR under Section 67 and 67A of IT Act. 82.
The power of obscenity and sexual explicitness of language used in this web series therefore, cannot be undermined and it has a definite effect of depraving and corrupting the minds of people, especially the impressionable minds and will require to be confined and subjected to Article 19(2) of the Constitution of India, and at the same time for transmitting such content, the petitioners will be liable to face action under Section 67 and 67A of I.T. Act, justice Sharma said.
The bench said, "The task of the Court in this case has been tough as it had to strike a delicate balance between free speech and freedom of expression and transmitting to all without classification the content which is obscene, profane, lascivious, sexually explicit in spoken language as it conjures with the words 'sexually explicit acts'".
"Words and languages are very powerful medium and needless to say, words have the power to paint and draw a picture at the same time," the court said.
The petitioners had challenged Additional Chief Metropolitan Magistrate (ACMM)'s order of September 17 2019 in which the court had observed that case under Sections 292/294 of IPC and Section 67/67A of Information and Technology Act was prima facie made out and concerned SHO was directed to register FIR against the petitioners under appropriate provision of law after conducting investigation into the allegations of the complainant.
The brief facts of the present case are that petitioner/TVF Media Ltd. is owner of web series titled 'College Romance' which is being broadcasted primarily on various internet platforms such as YouTube, TVF Web Portal and Mobile Applications.
These two petitions challenged and sought quashing of the order of November 10 2020 passed in Criminal Revision titled "TVF Media Labs Pvt. Ltd. & Ors. vs. State & Ors." by the Additional Sessions Judge, Rohini District Court and order of September 17 2019 passed in Criminal Complaint titled "Arvind Kumar vs. TVF Media" by the ACMM, Rohini District Court
The High court upheld the order of the Additional Sessions Judge (ASJ) to the extent whereby it has been held that section 292 and 294 IPC are not made out and 67A IT Act is made out; however, 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, the court said.
In case, this particular episode in question 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 the Ministry of Information and Technology from time to time.
It is the alleged case of complainant that the said web series contains vulgar and obscene material and depicts women in indecent form in violation of the provisions of Sections 292/294 of Indian Penal Code ('IPC'), 1860, Section 67/67A of Information and Technology Act, 2000 ('IT Act') and Sections 2 (c), 3 and 4 of Indecent Representation of Women Prohibition Act, 1986.
It is the case of the complainant that petitioner is also the owner-cummanager of popular YouTube channel known as 'Timeliners', on which indecent content had been broadcasted and published for consumption by general public without any warning to the effect that the content is for adult consumption only.
It is alleged that in the month of September 2018, TVF and its Managing Director broadcasted and published its new web series on YouTube titled 'College Romance', and on September 6 2018, Episode 5 of Season 1 titled 'Happily fucked up' was published and broadcasted on YouTube. It is alleged that in the said episode, the petitioners in Crl.M.C. 2399/2020 used vulgar and obscene language. It is further stated that the title of the said episode in web series in itself is vulgar and obscene, and the said episode showcases indecent representation or obscene portrayal of girls or women in worst form.
It is alleged that though vulgar words have been used throughout the entire web series 'College Romance', Episode 5 of Season 1 of the said web series has crossed all the limits of vulgarity and internet obscenity, and that on careful examination of the video which is available on YouTube, the same shall stand proved.
It is the case of complainant that the video in question is available to be viewed by everyone in India on YouTube without their being any age restriction mechanism. It is alleged that the Episode does not give any legal disclaimer/warning that, "the episode includes any vulgar content, internet obscenity or age restriction". It is alleged that all episodes of this web series, especially the above mentioned Episode, spreads Internet obscenity for achieving financial gains.
( With inputs from ANI )
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