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
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