Violence In Visual Media May Have Undesirable Effect On People But Has To Be Tested On Touchstone Of Free Speech: Kerala High Court Remarks

The Kerala High Court on Tuesday (March 18) orally observed that depiction of violence in visual media can have an undesirable effect on people however, to what extent it can be shown has to be ascertained keeping in mind the right to freedom of speech and expression. A division bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha said,“Violence in visual media can have an undesirable effect on people because you glorify this violence. On the other hand, you have the freedom of speech and expression. So to what extent will you go? It will again depend on what is public morality, what is constitutional morality. These are all areas which you cannot gloss over. You need to see the development of the law and what society considers to be immoral or moral. So is glorifying of violence desirable or is it just them telling us that this is what is happening in society today.”The remarks were made by the bench specially constituted to hear matters relating to sexual harassment in Malayalam movie industry, following publication of the Hema Committee report. A Special Investigation Team was earlier constituted by the State to probe the complaints made by alleged victims.During the hearing today, the Court clarified that if a victim who is not inclined to get involved in criminal prosecution receives a notice from the SIT, they can let the body know that they are not intending to pursue the issue. The Court emphasized that it has always maintained the stand that no victim shall be compelled to give statements to the SIT. It also clarified that the recent Supreme Court order did not compel any witness to give statements before any investigating officer.The Court orally observed that the SIT might be sending repeated notice to a party as they have not received any response from the other side. The Court said that in such situations, they can let the SIT know that they are not intending to proceed with the issue.“Any notice issued by any legal authority; the basic courtesy expected of a citizenry is to reply to it. They need not appear in person if they have some difficulty, it can be through counsel”, the Court observed orally.The Court however said that if any person complains of being harassed or compelled by the SIT, then they can approach the High Court.So far as contents of complaints is concerned, advocate Sandhya Raju appearing for one of the Respondent party submitted that there is a "fine line between gender bullying and sexual harassment", and "victims have to first find out whether they are bullied because of the gender".The court thereafter orally said, "Let's see what they come up in draft legislation. In the case of cyber bullying, is it necessary for a different law. It can be probably brought under criminal intimidation".The case is next posted to 4th AprilCase Number: WPC 41327/2024 & Connected MattersCase Title: Women In Cinema Collective v State of Kerala & Others & Connected Matters

Violence In Visual Media May Have Undesirable Effect On People But Has To Be Tested On Touchstone Of Free Speech: Kerala High Court Remarks

Manju Elsa Isac

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