Recently, in the case of TVF MEDIA LABS PVT LTD & ORS v. STATE (GOVT.OF NCT OF DELHI) & ANR., the Bench of Justice Swarana Kanta Sharma said that it's high time to amend appropriate laws and guidelines to regulate content on social media and OTT platforms needs urgent attention.
The Court highly Discouraged the language used in the TVF web series “College Romance”. Noted that, it does not pass the "morale decency community test" of a common man and transgresses into the area of obscenity.
“In the light of the 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 the 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,” Court said.
The Court further said that the use of Vulgar Language on public platforms should be regulated as it can be a “true threat” to impressionable minds. There is a need to regulate profanity "which enters into the domain of indecent speech by a broadcast medium."
“In Indian society, even today, swear words are not spoken in the presence of the elderly, at religious places, or in front of women or children,” the court said.
The Court also put light on the Indian Cinema and said that OTT platforms are not the same as it was in the old films where the romance between Couples was symbolically shown by showing two birds or flowers meeting on the screen.
The Indian Judiciary always ensured that there is no situation which is without redressal and that the judiciary system remains strong and redresses the issue when someone approaches the court.
“This Court by way of this judgment is not creating any new law, rather in the present situation, the Court 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. This is not law making in the legislative sense, but essentially legitimate judicial work for which this Court is bound by its solemn oath to the Constitution of India. Even if a judgment triggers a debate in the society about an issue at the heart of a societal problem, it will serve the ends of justice i.e. the ultimate goal of a judge,” the court observed.
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