VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
persons to whom such content can deprave and corrupt, in the
present circumstances are the impressionable minds, since there is no
warning, disclaimer or a classification of this series to be viewed by
persons who are 18 years or above.
36.
When the entire content of the series is seen in the light of
above, 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.
37.
In the case of Samaresh Boss v. Amal Mitra (1985) 4 SCC
289, it was held by the Hon’ble Apex Court that for judging whether
content is obscene, regard must be given to contemporary morals and
national standards.
38.
There can be no two views that what may be offending to one
may not be to another. The obscenity of the spoken language in the
case in hand 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. This Court is of the opinion that the
object of Section 67 of IT Act and the Court by this order is
protecting the young minds with the least possible infringement upon
freedom of expression. The history of censorship in this country
CRL.M.C. 2214/2020 & connected matters
Page 19 of 41