VERDICTUM.IN NEUTRAL CITATION NO. 2023/DHC/001676 provision of law pertaining to obscenity or any other offences and further stated that in absence of any independent censor board, etc., the responsibility lies upon the producers of such web series to ensure that no such breach occurs. The learned senior counsel for the petitioners further argued that the yardstick to determine obscenity will be that of an ordinary man’s common sense and not from the point of view of a hyper-sensitive man and that the web series has to be judged from the standards of contemporary society which is changing fast and vulgarity cannot be equated with obscenity. It was also stated that something which might have been considered obscene in the past may not be considered so by the standards of the present changed society. 28. As per Section 67 IT Act, transmission of ‘obscenity’ is punishable under the law, and transmission of ‘sexually explicit act or conduct’ is punishable under Section 67A of IT Act. To decide whether the content is obscene or not, the test as per judicial precedents has to be that of an ordinary common person and not a hypersensitive person. 29. As stated above, this Court had watched a few episodes of the web series ‘College Romance’ and the episode in question and the episode in question to decide the case more effectively and fairly. The intent behind watching the said web series was to analyze fairly as to whether the contention raised on behalf of the petitioners that the language used in the web series is ‘in language’, or is ‘language used by new generation in colleges’, or ‘the students in law colleges and the younger generation in colleges uses this language CRL.M.C. 2214/2020 & connected matters Page 16 of 41

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