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

Observing that the challenge for enacting appropriate law or guidelines to regulate content on social media and OTT platforms needs urgent attention, the Delhi High Court has ruled that the language used in TVF web series “College Romance” does not pass "morale decency community test" of a common man and transgresses into the area of obscenity. Justice Swarana Kanta Sharma said that the use of vulgar language in public domain and social media platforms which are open to children of tender age needs to be taken seriously. “The individualistic choice which is not the choice of the majority of people of this country cannot be portrayed as choice of that majority and to be broadcasted on the ground or assumption that youth of this country speak such foul or profane language,” the court said. It held that "individualism of choice" of using profane language has to give way to the "majoritism of people" who want to speak and hear civil language free of expletives for themselves and for their children.“When examined in the practical light of common man, this Court reaches a conclusion that the majority of this country cannot be said to be using such vulgar, profane, indecent, swear words and expletives as projected in the web series in question in day-to-day spoken language with each other even in educational institutions,” it said. The court was hearing petitions moved by TVF Media Labs Pvt. Ltd., Casting Director of web series 'College Romance' and its lead actors against the orders passed by the sessions court and ACMM for registration of FIR against them. The complainant had alleged that the web series contains vulgar and obscene material and depicts women in indecent form in violation of sections 292 and 294 of Indian Penal Code, section 67 and 67A of Information and Technology Act and sections 2 (c), 3 and 4 of Indecent Representation of Women Prohibition Act. The ACMM vide order dated September 17, 2019, directed the concerned SHO to register FIR against the petitioners under appropriate provision of law after conducting investigation into the allegations of the complainant.In the revision petition filed by petitioners before sessions court, the ASJ vide order dated November 11 , 2020, modified the ACMM’s order to the extent that FIR be registered only under section 67A of Information & Technology Act and rest of the sections related to IPC be dropped.Justice Sharma said that the court watched a few episodes of the web series and the particular episode in question to decide the case more effectively and fairly.“After watching few episodes of the series as well as the episode in question, this Court found that the actors/protagonists in the web series are not using the language used in our country i.e. civil language. The Court not only found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’ being used, it rather found that the web series had a series of such words in one sentence with few Hindi sentences here and there. In the episode in question, there is clear description and reference to a sexually explicit act,” the court observed. It said that the court had to watch the episodes with the aid of earphones, in the chamber, as the profanity of language used was "of the extent that it could not have been heard without shocking or alarming the people around" and keeping in mind the decorum of language which is maintained by a "common prudent man", whether in professional or public domain or even with family members at home. “Most certainly, this Court notes that this is not the language that nation’s youth or otherwise citizens of this country use, and this language cannot be called the frequently spoken language used in our country,” it said. The court observed that when the entire content of the web series is seen, it would lead any common person to a conclusion that the language used in the web series is foul, indecent and profane to the extent that it will affect and will tend to deprave and corrupt impressionable minds. “Therefore, on the basis of this finding it can be held that the content of the web series will certainly attract the criminality as envisaged under Section 67 of the Information Technology Act,” it observed. Furthermore, the court observed that the obscenity of the spoken language in the case and the “gross indecency” with which the characters in the series conduct themselves in terms of the spoken language will show that the “threshold of decency is crossed” and the “alleged private choice of individuals” enters the public domain due to its availability to the public including children. “The community standard cannot be the standard of a particular local territory but is essentially in the national context. The fact that the words used in the web series are of nature that cannot even be reproduced in the judgment even for the purpose of adjudication is a pointer towards the extent of profanity of the language used by the web series,” it said. On the language...

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

Nupur Thapliyal

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