LI Network
Published on: November 01, 2023 at 00:03 IST
The Supreme Court, on October 31, 2023, reserved judgment in the case involving the appeal filed by the creators of the TVF web series ‘College Romance.’ This appeal challenges 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, for featuring vulgar and obscene content.
A bench comprising Justice AS Bopanna and Justice PS Narasimha heard the matter and had previously agreed to examine whether the use of profane language falls under Section 67/67A of the IT Act.
Section 67A of the IT Act deals with transmitting material in electronic form that contains ‘sexually explicit acts or conduct,’ while Section 67 penalizes the transmission of ‘obscene’ materials through electronic means.
Mukul Rohatgi, a Senior Advocate representing the creators, argued that Section 67A of the IT Act does not apply to profane language. He pointed out that Section 67A pertains to ‘sexually explicit acts,’ which would be akin to pornography. He argued that the FIR only disclosed profanity, so Sections 67 and 67A were not applicable.
He emphasized that such language is common in daily life and that the interpretation of what is obscene varies from person to person. He urged the Court to consider the author’s intent in the depiction, asserting that it’s not a question of morality.
Senior Advocate Harish Salve, also representing the creators, contended that the series depicted the everyday life of young people, and using such language is commonplace for today’s youth. He criticized the complainant for living in a fantasy world and restricting freedom of speech.
Sajan Poovayya, Senior Advocate for the scriptwriter, expressed concerns that even though the writer wasn’t involved in publishing, transmitting, or producing the series, he had been named in the FIR. He stressed the distinction between Section 67 and 67A and argued that if obscenity and profanity are included in Section 67A, Section 67 would become redundant.
The Delhi Police’s counsel argued that the show failed even when applying community standards and claimed that nobody used such language in college or at home. The police contended that the web series revolved around sexual activity and desires of young people and was promoting this behavior.
The case stems from a Delhi High Court ruling in March 2023, which found the language in the web series ‘College Romance’ to be morally indecent and obscene, leading to the registration of FIRs.
The creators had argued that their work was an accurate portrayal of contemporary youth life and that it was not obscene. The Supreme Court will now reserve judgment in this case.
Case Title: TVF Media Labs Pvt. Ltd. v. State (Govt. Of NCT Of Delhi) SLP(Crl) No. 5532/2023
Also Read: What kind of acts will be sexually explicit under Information Technology Act?
