Today, the Supreme Court reserved its judgment on the appeal filed by the creators of the TVF web series 'College Romance challenging the Delhi High Court's decision to uphold the registration of FIRs against them under Section 67 and 67A of the Information Technology Act, 2000. These FIRs were filed due to the alleged showcasing of vulgar and obscene content in their series.

The matter was heard before a division bench of Justice AS Bopanna and Justice PS Narasimha.

Earlier, the Court agreed to examine the legal issue whether use of profane language falls under Section 67/67A of the IT Act.

Senior Advocate Mukul Rohatgi appearing for the makers argued that no offence is made out under Section 67A of the IT Act.

During the Court proceedings, Advocate Mukul Rohatgi argued that 67A would not apply to profane language. "67A talks about sexually explicit act, which will have to be something akin to pornography. 67B is for child pornography. This is the scheme of the Act. It has nothing to do with profanity. As the FIR only discloses profanity, Section 67 and 67 A are not attracted" he argued.

"It is a matter of common knowledge that people speak to each other like this. These are connotations of normal life, this is not some moral lecture. What is obscene and what is not, also differs from different points of views. The Court must consider what the author is trying to depict. These are depictions, it is not a question of morality" Rohatgi said in Court.

Senior Advocate Sajan Poovayya, representing the scriptwriter, informed the Court that despite the writer's non-involvement in the publishing, transmitting, or production of the series, they have been included in the FIR. He emphasized, "In effect, I can no longer even engage in scriptwriting, as I might be held liable if the script is eventually adapted into a movie and someone else transmits or publishes it."

On the contrary, the counsel appearing for,  the Delhi Police argued that even if the community standards test is applied, the show will fail. "Nobody uses such language in college, home or anywhere else" he said.

"The entire web series is around sexual activity, and about youngsters having sexual desires. They are promoting that it is okay to be like this. This is what is happening with stand up comedy in India also. Bandit queen was certified by the censor board.''

''This kind of content is increasing so much that the I&B Ministry has issued a notification to control such content.'' he said.

In March 2023, the Delhi High Court issued a ruling stating that the language employed in the web series "College Romance" did not meet the standards of moral decency that the common person would uphold, and it ventured into the realm of obscenity. The High Court emphasized the significance of addressing the use of vulgar language in the public domain and on social media platforms, which are accessible to young children, and underscored the need to take such matters seriously.

Case Title: TVF Media Labs Pvt. Ltd. v. State (Govt. Of NCT Of Delhi)

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