The Delhi High Court in the case TVF Media Labs Pvt Ltd And Ors v. State (Govt. Of NCT Of Delhi) And Anr and seek response of the Union Of India on the steps taken by it in order to regulate the content on social media and OTT platforms.
The bench headed by Justice Swarana Kanta Sharma in the case observed and has passed the said order after the recent ruling wherein it has been observed by the judge that the use of vulgar language needs to be taken seriously in the public domain and on the social media platforms as the same is being open to children of the tender age.
The court in the case observed and has stated that the issue of enactment of appropriate law or guidelines in order to regulate content on social media and OTT platforms which needs urgent attention.
Therefore, the court in the case observed and has stated while the said court draws the attention of the Ministry of Information and Technology to the situations which are fast emerging on a daily basis and steps needs to be taken for enforcing stricter application of its rules qua the intermediaries as it is notified in Information Technology (the Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and also to make laws of the societal problem as the same will serve the ends of justice i.e. the ultimate goal of a judge.
The court in the case observed and has issued a notice during the hearing held on April 12 to the Union Ministries of Electronics and Information Technology and Information and Broadcasting.
The bench headed by Justice Sharma in the case observed and has heavily criticized the language used in web series, College Romance, wherein the court does not pass morale decency community test of a common man and it being also for the transgresses into the area of obscenity.
However, the court in the case stated that the use of obscene words and foul language on social media platforms have to be regulate, when it crosses of the particular line as the same can be a ‘true threat’ to the impressionable minds and the same cannot receive constitutional protection of free speech.
It has also been stated by the court that the media cannot be allowed to legitimize offensive language which includes swearing and profane words in the garb of change of language with passage of time.
Therefore, the court by way of giving its judgement is not is not creating any new law, rather in the present situation, the Court wants to ensure that by way of rigorous process of legal reasoning and with regards to the written provisions of available laws, case laws and societal affirmed values, the said court is able to point out the wrong doers and also to bring them within the ambit of law. Further, the court stated that this being not law making in the legislative sense, but it is essentially being the legitimate judicial work for which this Court is being bound by its solemn oath to the Constitution of India. Thus, even if the judgement triggers a debate in the society about an issue at the heart.
