VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
Themes and messages; ii) Violence; iii) Nudity; iv) Sex; v)
Language; vi) Drug and substance abuse; and (vii) Horror
as described in the Schedule, as may be modified from time
to time by the Ministry of Information & Broadcasting.”
(Emphasis supplied)
46.
The Part II ‘Issue Related Guidelines’ contained in Schedule
of Rules of 2021 mention the following:
“…(d) Language:
1. Language is of particular importance, given the vast
linguistic diversity or our country. The use of language,
dialect, idioms and euphemisms vary from region to region
and are culture. specific. This factor has to be taken into
account during the process of classification of a work in a
particular category.
2. Language that people may find offensive includes the use
of expletives. The extent of offence may vary according to
age, gender, race, background, beliefs and expectations of the
target audience from the work as well as the context, region
and language in which the word expression or gesture is used.
3. It is not possible to set out a comprehensive list of words,
expressions or gestures that are acceptable at each category in
every Indian language. The advice at different classification
levels, therefore, provides general guidance to consider while
judging the level of classification for content, based on this
guideline.”
(Emphasis supplied)
47.
The present case involves TVF Media Labs Pvt. Ltd. acting as
an ‘online content curator’. It is the legal duty of the online content
curator to ensure that the transmitted material aligns with the
expectations of the intended audience in order to generate anticipated
financial gains. Additionally, the content must not cross the fine line
CRL.M.C. 2214/2020 & connected matters
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