Information Technology Act, 2000
Section 67A—Order directing registration of FIR—Challenged—Use of vulgar language including profanity and bad words in public domain and in social media platform—Petitioner is the owner of the web series titled ‘College Romance’ broadcasted on various internet platforms such as YouTube, TVF Web Portal and Mobile Applications—Contention of complainant that web series contains vulgar and obscene material which depicts women in indecent form, which is in violation of the provisions of Sections 292 and 294 of IPC, Section 67 and 67A of the Information Technology Act and Section 2(c), 3 and 4 of Indecent Representation of Women Prohibition Act—Court had to strike a delicate balance between free speech and freedom of expression and transmitting to all, without classification of the content, which maybe obscene, profane, lascivious, sexually explicit in spoken language as it conjures with the words “sexually explicit acts”—Words and languages are very powerful medium—Words have the power to paint and draw a picture at the same time—Content of web series certainly attract criminality and the petitioners liable to face action under Section 67 and 67A of the IT Act—Order of ASJ is upheld to extent whereby it has been held that Section 292 and 294 IPC are not made out and Section 67A of the IT Act is made out, however, it is modified to extent of dropping offence under Section 67 of the IT Act—Order of ACMM is upheld to the extent of registration of FIR under Section 67 and 67A of the IT Act—It is clarified that direction to register FIR does not include a direction to arrest any of the accused/petitioner—Ministry of Information and Technology directed to take steps to regulate content with vulgar language on social media. [Constitution of India, 1950, Article 19(1)(a) & 19(2)]
[Paras 81 to 84]