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In a significant development, the Supreme Court delivered a verdict effectively quashing a pending criminal obscenity case against College Romance, a popular web series and its makers. The bench, comprising Justices A.S. Bopanna and P.S. Narasimha, overturned the Delhi High Court’s previous findings. The High Court had declined to dismiss the obscenity case against the lead actors and producers of the web series. The Supreme Court’s decision hinged on the premise that vulgarity and profanity, while distasteful and uncivil, do not inherently constitute obscenity under Section 67 of the Information Technology Act, 2000 (“IT Act”).
The judgment, articulated by Justice P.S. Narasimha, underscored the distinction between vulgar language and obscenity. It emphasized that while profanities may evoke feelings of disgust or shock, they do not necessarily incite sexual or lustful thoughts, a hallmark of obscenity. The Court criticized the High Court’s literal interpretation of the language used in the web series, emphasizing the importance of context.
Furthermore, the Supreme Court disapproved of the High Court’s reliance on the “morale decency community test,” arguing that it lacked objectivity and failed to consider the ordinary viewer’s perspective. The ruling highlighted that the impact of content cannot be measured solely based on the sensitivities of adolescents or individuals prone to influence, rejecting such standards as inadequate and arbitrary.
The obscenity case against College Romance began in March 2023 when the Delhi High Court upheld the lodging of an FIR against the accused under Sections 67 and 67A of the IT Act. The High Court contended that the language used in “College Romance” failed the morality and decency standards of society, warranting criminal proceedings.
This decision prompted the actors and producers to petition the Supreme Court for the dismissal of the charges. The apex court’s ruling not only vindicates the defendants but also sets a precedent regarding the interpretation of obscenity laws in the digital realm.
By emphasizing the importance of contextual analysis and rejecting subjective standards, the Supreme Court’s decision reaffirms the principles of freedom of expression while providing clarity on the legal boundaries of online content.
The Supreme Court’s verdict in the obscenity case against College Romance makers heralds a significant victory for artistic freedom and content creators in India. It underscores the need for a nuanced approach to evaluating digital content and establishes clear guidelines for interpreting obscenity laws in the age of online media consumption.
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