Such an approach unduly curtails the freedom of expression: Supreme Court

The high court has equated profanities and vulgarity with obscenity: Supreme Court

It is clear that the use of these terms is not related to sex: Supreme Court

An FIR registered against the online series by the TVF OTT media service named ‘College Romance’ under Section 67 of the IT act  for alleged obscenity was quashed by the Supreme Court. “Such an approach unduly curtails the freedom of expression that can be exercised and compels the maker of the content to meet the requirements of judicial propriety, formality, and official language,” the Supreme Court bench observed. 

The Supreme Court severely criticised the Delhi High Court judgement that had upheld the criminal charges. “The inquiry is to determine whether the content is lascivious, appeals to prurient interests, or tends to deprave and corrupt the minds of those in whose hands it is likely to fall. The high court embarked on a wrong journey and arrived at the wrong destination. The high court has equated profanities and vulgarity with obscenity, without undertaking a proper or detailed analysis into how such language, by itself, could be sexual, lascivious, prurient, or depraved and corrupting…While a person may find vulgar and expletive-filled language to be distasteful, unpalatable, uncivil, and improper, that by itself is not sufficient to be obscene. It is clear that the use of these terms is not related to sex and does not have any sexual connotation…By taking the literal meaning of these words, the high court failed to consider the specific material (profane language) in the context of the larger web-series and by the standard of an ordinary man of common sense and prudence,” the Supreme Court bench mentioned.