VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
but also portrays wrong impression about its students and society as a
whole. He also argues that such web series are harmful as it promotes
obscene culture. He also argues that the petitioners have taken
advantage of social media platforms, i.e. Over the Top (‘OTT’)
platform in the absence of Indian technology regulations on OTT. It
is also argued by respondent no. 2 that the web series promotes
culture of obscenity which is now considered ‘New Ok’ on behalf of
communities. It is stated that the web series had been intentionally
launched on public platform of YouTube for financial gains. It is also
stated that only to gain revenue, petitioners did not upload a warning
that it is for people of the age of 18 years and above as YouTube
does not allow revenue on such videos. It is stated that the petitioners
have no right to post their obscene videos on the internet and label
them as ‘New OK’ and portray them as new culture of India. It is
stated that in the web series, the male protagonist has been using
sexually explicit and obscene words during conversation with the
female protagonist, and the said female protagonist had been
opposing the use of such obscene words by repeating the same
herself. In these circumstances, he argues that it amounts to
circulation of obscene material by the petitioners and therefore, the
order of the learned ASJ is in compliance with law.
C.
15.
ANALYSIS AND FINDINGS
The arguments addressed on behalf of learned counsels for
both the parties have been heard at length by this Court and the
CRL.M.C. 2214/2020 & connected matters
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