Abusive language in OTT content not criminal: SC rules

Source: PTI/File

The Supreme Court stated on Tuesday that considering abusive language a criminal offense would violate the right to freedom of speech. Also, it is not possible to oversee the content that involves the use of swear words and abusive language.

Judges AS Bopanna and PS Narasimha’s bench ruled that courts must consider whether the content that is considered to be “obscene” under criminal law has the potential to degrade or corrupt people’s minds.

According to the bench, vulgarity differs from obscenity in that vulgar language, and can shock the reader and evoke feelings of disgust and hatred. Still, it is not always the same as obscenity, which tends to deprave and corrupt.

The availability of content that contains profanities and swear words cannot be regulated by criminalizing it as obscene. Apart from being a non-sequitur (a conclusion that does not follow logically), it is a disproportionate and excessive measure that violates freedom of speech, expression, and artistic creativity.
Underlined the judgment authored by Justice Narasimha.

The bench added a new standard to help determine whether authorities can prosecute material as ‘obscene’ under Section 292 of the Indian Penal Code and Section 67 of the Information Technology Act when it is accessible online. The court noted that the content’s appropriateness for use in a courtroom cannot be the sole criterion for determining its legality, as the court must also uphold its decorum and integrity.

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.
Justice Narasimha

Someone filed a case against the show ‘College Romance’ for its use of abusive language. In the end, the court pointed out that the web series portrays a light-hearted take on the lives of young college students, using these words to express emotions like anger, excitement, and frustration rather than sexual feelings or lust.

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