VERDICTUM.IN NEUTRAL CITATION NO. 2023/DHC/001676 precisely and/or prescribing or representing sexual activity in direct and detailed way”. Expression “sexual activity” is defined in black’s law dictionary as “physically sexual activity or both persons engaged in sexual relations”. 26. In Ekta Kapoor v. State of M.P. I.L.R (2020) M.P. 2837, Madhya Pradesh High Court has held as under: “54. The aforesaid concept is importable while interpreting Section 67 of Information Technology Act, 2000. In the aforesaid provision, there are no such words that the person who publishes or transmits or caused to be published or transmitted in the electronic form any lascivious material or such material which appeals to prurient interest was having or supposed to be having the knowledge about the content of the material. Thus, even if the content is not known and a person publishes or transmits or caused to do so even without knowledge, provisions of Section 67 of Information Technology Act, 2000, would be attracted. Presumption of knowledge on the part of petitioner shall have to be assumed and onus will be upon the petitioner to rebut such presumption by leading evidence”. II. 27. Community Standard Test In the case at hand, the argument of the complainant, based on the community standard test, is that if the content of the web series is tested in light of the said test, it would certainly deprave and corrupt persons who watch such content. His other plea is that the content also tends to morally corrupt the viewers and depicts what does not happen in colleges and universities. The argument of the complainant was countered by the learned senior counsel for petitioners who stated that the content of the web series does not breach any existing CRL.M.C. 2214/2020 & connected matters Page 15 of 41

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