VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
same obscene, sexually explicit language to others and the male
protagonist is seen enjoying and appreciating her conduct. The male
protagonist uses words describing male and female genitalia and
sexual act, thus by words, painting pictures of sexually explicit act
which brings it under ambit of arousing prurient feelings by so doing.
There’s no escape from the same by saying that the said act was not
done, shown or filmed. Depiction does not connote filming alone but
conveying by a medium, which in this case is spoken language.
Therefore, the content as discussed above will attract the criminality
as laid down under Section 67 as well as 67A of IT Act. The male
protagonist in this case who uses such language has been referred to
as ‘Bagga’. The bug of obscene, profane and bad language of
‘Bagga’ cannot be allowed to pollute the language of people.
44.
As far as the argument of petitioner no.1 that it is in no manner
related to the YouTube channel ‘The Timeliners’ and the web series
titled ‘College Romance’ is concerned, the fact that the website of
petitioner no. 1 in CRL.M.C. 2214/2020 i.e. ‘www.tvfplay.com’
reflects ‘The Timeliners’ as one of its channels cannot be ignored.
However, the question regarding ownership of the several channels
inter-se between the parties is a matter of investigation and cannot be
dealt with by this Court, at this stage. Further, petitioner no. 2 and 3,
admittedly, are the directors and shareholders of petitioner no.1.
45.
This Court notes that it is specifically mentioned in
Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules 2021, which mandates that the online curated
content be classified. The specific rules under Information
CRL.M.C. 2214/2020 & connected matters
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