Case 12 of 30 in Law Easy's Media Law series. Apurva Arora v. Government of NCT of Delhi, Supreme Court of India, decided 2024.
FACTS
College Romance was a web series streamed on YouTube, and one episode used a lot of crude language. On a complaint, the police were directed to register a case under Sections 67 and 67A of the Information Technology Act, and the Delhi High Court refused to quash it, calling the language obscene by the standard of a common person.
WHAT THE COURT HELD
In March 2024, in a judgment by Justice P. S. Narasimha, the Supreme Court quashed the case. The High Court had asked the wrong question: the issue is not whether language is civil or decent but whether it is obscene. Vulgarity and profanity are not obscenity by themselves, because obscenity relates to material that arouses sexual and lustful thoughts. The series was to be seen as a whole, by the standard of an ordinary adult.
EXAM POINT
Section 67 covers obscene electronic material and Section 67A covers sexually explicit acts; profanity alone does not satisfy either section.
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