VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
makes it evident that it was with a view to restrict the operation of
certain kind of adult entertainment considered unsuitable for people
below 18 years. It was developed by classification and the content
considered unacceptable for general view was classified by
certification so that those who knowingly make a choice to view
them have sufficient maturity to exercise their choice in a responsible
manner.
39.
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.
III.
40.
Freedom of Speech vs. Public Decency and Morality
It was also argued that the petitioners have fundamental right
to freedom of speech and expression and if the complainant does not
like the content, he/she may not see it. While discussing so, it will be
important to deal with the argument regarding Article 19(1)(a) of the
Constitution of India which guarantees freedom of speech and
expression. Article 19(2) of Constitution of India lays down the
restriction on the freedom under Article 19(1)(a) which can be in
interest of public decency or morality. Therefore, necessarily the
material in question in the present case will also have to be tested in
light of the fact as to whether the content of the web series is against
public decency or morality.
CRL.M.C. 2214/2020 & connected matters
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