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VERDICTUM.IN NEUTRAL CITATION NO. 2023/DHC/001676 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on: 22.02.2023 Pronounced on: 06.03.2023 CRL.M.C. 2214/2020 & CRL.M.A. 15761/2020 TVF MEDIA LABS PVT LTD & ORS. Through: ..... Petitioners Mr. Vinayak Advocate Mehrotra, versus STATE (GOVT.OF NCT OF DELHI) & ANR. Through: ..... Respondents Mr. Naresh Kumar Chahar, APP for the State with SI Pawan Kumar, P.S. Mukherjee Nagar (56) + CRL.M.C. 2399/2020 & CRL.M.A. 16891/2020 APOORVA ARORA & ANR. Through: ..... Petitioners Mr. Siddharth Aggarwal, Senior Advocate with Ms. Neha, Mr. Anirudh Gotety, Ms. Sowjhanya Srikumar and Mr. Vishwajeet Singh Bhati, Advocates versus STATE & ANR. ..... Respondents Through: Mr. Naresh Kumar Chahar, APP for the State. (57) + CRL.M.C. 2215/2020 & CRL.M.A. 15763/2020 CRL.M.C. 2214/2020 & connected matters Page 1 of 41

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TVF v. State

Case Law

Country

India

Country Location

Latitude: 23.078537445745496

Longitude: 78.60363571015989

Country Location (linked Case Law): India

Decision Date: Mar 6, 2023

Case Status: On Appeal

Case Outcome (Procedural)

Admissible
Motion Granted
Reversed Lower Court

Case Outcome (Disposition)

Injunction, Order, or Motion Granted

Keywords

Digital Rights
Indecency / Obscenity

Judicial Body: Appellate Court

Court Name: Delhi High Court

Case Number: CRL.M.C. 2214/2020

Case Summary: The High Court of Delhi declined to quash the First Information Report (FIR) filed against the creators of the web series “College Romance,” produced by TVF Media Ltd., in response to complaints about explicit content, allegedly violating provisions of the Indian Penal Code (IPC) and Information Technology Act (IT Act). The petitioner, TVF Media Ltd., faced complaints regarding explicit content in Episode 05 of Season 01. Initially, the Additional Chief Metropolitan Magistrate (North), Rohini District Court, New Delhi ordered the registration of a FIR under multiple sections, but the Additional Sessions Judge (ASJ) later limited it to Section 67A of the IT Act. The High Court considered whether a prima facie case existed under Sections 67 and 67A of the IT Act and found that the content indeed contained explicit material, violating public decency standards. The court emphasized the importance of maintaining language standards and complying with IT Rules, concluding that the web series did not meet the test of public decency and upheld the ASJ’s order.

Case Significance: The ruling of the Delhi High Court in the “College Romance” web series case constricts freedom of speech and expression. The Court found the series contained excessive profanity and sexually explicit references that could negatively influence young viewers. It held that such content exceeded decency standards, justifying its prohibition under the Information Technology Act. The ruling underscores the need to balance freedom of speech with responsibilities for maintaining decency standards in online content. Overall, it restricts freedom of speech in the context of online content creation and sets a precedent for increased scrutiny of objectionable material.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Source URL: Global Freedom of Expression

Related Caselaw (self)

India

Collection

APC
CIPIT

Date Updated: Oct 29, 2023

Primary Documents

TVF v. State.pdf
english
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