Case 9 of 30 in Law Easy's Media Law series. Ajay Goswami v. Union of India, Supreme Court of India, decided 2006.
FACTS
Ajay Goswami petitioned the Supreme Court, complaining that leading newspapers carried semi-nude pictures and sexual content that children could easily see. He wanted the Court to order controls to protect minors.
WHAT THE COURT HELD
In 2006 the Supreme Court dismissed the petition. The test of obscenity is the view of an ordinary person of common sense and prudence, not a hypersensitive person, and nudity alone is not obscene. In shielding minors, the adult population cannot be restricted to reading only what is fit for children. Remedies such as Press Council norms and the criminal law already exist, and the petitioner had not shown a need to curtail press freedom.
EXAM POINT
The Court recognised the importance of protecting minors, but it did not declare that newspapers may print obscene material.
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