Delhi High Court Seeks Union Govt's Response On Steps To Regulate Content On OTT Platforms, Social Media

The Delhi High Court has sought response of the Union of India on the steps taken by it for regulating the content on social media and OTT platforms.

Justice Swarana Kanta Sharma passed the order after the recent ruling wherein the judge observed that the use of vulgar language in public domain and on social media platforms needs to be taken seriously as they are open to children of tender age.

While seeking the stand of the Union Government on the steps taken in the matter, the court had said that the issue of enactment of appropriate law or guidelines to regulate content on social media and OTT platforms needs urgent attention.

“….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 judgment,” it had said.

During the hearing on April 12, the court issued notice to the Union Ministries of Electronics and Information Technology and Information and Broadcasting and listed the matter on April 25.

In the judgment, Justice Sharma had heavily criticized the language used in web series “College Romance”, observing that it does not pass "morale decency community test" of a common man and transgresses into the area of obscenity.

The court had said that the use of obscene words and foul language on social media platforms have to be regulated “when it crosses a particular line” as it can be a “true threat” to impressionable minds and cannot receive constitutional protection of free speech.

It also said that the media cannot be allowed to legitimize offensive language including swearing and profane words in the garb of change of language with passage of time.

“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.

Also Read: Need To Regulate Content With Vulgar Language On Social Media, OTT Platforms: Delhi High Court

Also Read: TVF Web Series College Romance's Language Does Not Pass 'Community Test Of Common Man', Transgresses Into Area Of Obscenity: Delhi High Court

Title: TVF MEDIA LABS PVT LTD & ORS v. STATE (GOVT.OF NCT OF DELHI) & ANR.

Click Here To Read Order