While individuals may perceive vulgar and expletive-laden language as distasteful, unpalatable, uncivil, and improper, this alone does not render it ‘obscene.’ Obscenity pertains to material that stimulates sexual and lustful thoughts, which is not the intended effect of the abusive language or profanities used in the incident. Instead, such language may elicit feelings of disgust, revulsion, or shock. The High Court’s ruling suggests that by deeming the language profane and vulgar, it has deviated from the criteria of obscenity outlined in Section 67 of the IT Act. The court overlooked the inherent inconsistency in its conclusions.
In March 2023, the Delhi High Court made a significant ruling regarding the web series “College Romance.” Upholding the registration of a First Information Report (FIR) against the accused under Sections 67 and 67A of the IT Act, the court declared that the language used in the series failed to meet the “morale decency community test” of the average person and thus crossed the threshold into obscenity.
The court emphasized the importance of addressing the use of obscene language, particularly in public spaces and on social media platforms that are easily accessible to young children. The judgment highlighted the need for stricter measures to regulate such content to protect the moral standards of society.
The case stemmed from a complaint filed against the creators of “College Romance” for allegedly using language that was deemed obscene and inappropriate. The complainant argued that the series, which was widely available online, had a negative impact on the younger generation and was detrimental to the moral fabric of society.
In its ruling, the High Court acknowledged that while artistic freedom and expression are important, they must be balanced with the need to maintain moral standards and protect vulnerable groups, such as children. The court noted that the use of vulgar and offensive language in public spaces and on social media can have a profound impact on impressionable minds and can contribute to the erosion of moral values.
The judgment also highlighted the responsibility of content creators and platforms to exercise caution and discretion when producing and distributing content that may be considered obscene or offensive. The court emphasized the need for self-regulation within the industry to ensure that content is in line with societal norms and values.
Overall, the Delhi High Court’s ruling serves as a reminder of the importance of upholding moral standards in media and entertainment and the need for stricter regulations to protect vulnerable groups from exposure to inappropriate content.
