Anirudh Alex Victor
The Delhi High Court recently observed that the language used in the TVF web series “College Romance” backfires on the “morale decency community test” of a common man and crosses the line into obscenity, even though the challenge of enacting statutory provisions or regulations to monitor and control the content on social media and OTT platforms requires critical intervention.
“Without the need for a doubt, this Court acknowledges that this is not the language spoken by the upcoming generations or other citizens of our nation, and this language cannot be characterized as the most commonly spoken language in our country,” Single-Judge Bench of Justice Hon’ble Ms. justice SwarnaKantaSharma said.
In this case, the petitioners claim that perhaps the language used, or the action represented is neither sexually provocative nor stimulates lustful thoughts or prurient impulses in consumers.
They further stated that categorizing the contents as obscene simply because those who characterize vulgarities is unrighteous, or the fact that nonconsensual and profane content is no longer a morally reprehensible or unaccepted social feature, but signifies the contemporary cultural trend.
However, the Court did not find any merit in the petitioner’s submission and observed,
“However, speaking to this speech as the spoken language of this nation invites everyone else to disparage the language.”
Moreover, the Court further stated that the said series with such language shall result in “exposing fragile brains to several colloquial expressions may encourage attitudinal shifts, and society could become less capable of safeguarding the very same level of values fundamental to a progressive society”.
The judge also highlighted that the episodes of the said series had to be watched through earphones in the chamber because of the foul language used was so potent that it was unlikely to be heard without upsetting or distressing the citizens around and considering the basic decency of dialect that a common prudent man continues to maintain whether that’s in proficient or community at large sphere or among loved ones at home.
Therefore, the Court was of the conclusion that the language used in the said series does not constitute the language of the nation’s adolescents or other residents of this nation, and exploited in our nation.
In this regard, the Court has further stated,
‘The University of Delhi has its rich history, magnificence, reverence, and heritage. The language featured throughout this YouTube series hardly be considered to be adopted by university students since such a younger generation acknowledges, respects, and appreciates certain limitations of politeness, cultured attitude, and decent language. It (the series) cannot be authorized to corrupt young minds by convincing students that this has become the ‘in-thing,’ ‘the new okay,’ or ‘new normal’ language among institutions simply because a handful of individuals are using it.’
Therefore, the judge was of the view that an FIR be registered against Apoorva Arora and Mr. Simarpreet Singh. However, the judge reiterated that the instruction to initiate a FIR doesn’t quite contain an order for the detention of any one of the accused/petitioners.
Furthermore, the Court also urged that the Ministry of Electronics and Information Technology (MEITY) take measures to make sure that its IT (Intermediary Rules and Digital Media Ethics Code) Regulations, 2021, are rigorously enforced.