Obscenity case against The Viral Fever quashed by SC

Obscenity case against The Viral Fever quashed by SC

The criminal case filed against popular Indian production company, The Viral Fever (TVF), over allegations of obscene content in its widely-watched web series, College Romance, was quashed by the Supreme Court on Tuesday.

This decision, handed down by a bench comprising Justices AS Bopanna and PS Narasimha, highlighted that no violation of Sections 67 and 67A of the Information Technology Act (IT Act) was discerned.

This verdict comes as a respite for TVF and its affiliates, who had been embroiled in a legal saga following a judgment by the Delhi High Court in March 2023. The High Court had ruled in favor of the prosecution, holding TVF, the show's director Simarpreet Singh, and actor Apoorva Arora accountable for allegedly producing content deemed obscene, profane, and vulgar. The judgment had sparked debates on artistic expression, societal values, and the boundaries of content regulation in the digital age.

However, the Supreme Court's decision signifies a nuanced understanding of the complexities surrounding content regulation in India. The bench emphasized the need to assess content within the framework of contemporary standards of civility and morality, while also recognizing the importance of upholding freedom of expression and creativity in the digital sphere.

Senior Advocates Harish Salve, Mukul Rohatgi, Madhavi Divan, Sajan Poovayya, S Niranjan Reddy, and KV Viswanathan (currently a Supreme Court judge), along with advocates Yugandhara Pawar Jha, Misha Rohatgi, and Tarini Kulkarni, served as legal counsel for TVF, its parent company, and the show's director throughout the proceedings.

Ameet Naik, the Managing Partner of Naik & Naik, and Deputy Managing Partner Madhu Gadodia, alongside advocate Neeha Nagpal, also provided legal representation for TVF and other relevant parties associated with the show.

Additionally, Additional Solicitor General KM Nataraj, supported by advocates Shreekant Neelappa Terdal, Sharath Nambiar, Sanjay Kr. Tyagi, Sridhar Potaraju, Nidhi Khanna, Karthik Jasra, Dr. Arun Kumar Yadav, and Arvind Singh, represented the Delhi Police in the case.

Case: TVF Media Labs Pvt Ltd and ors vs. State Govt of NCT of Delhi and anr.

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