SUMMARY
In a compliance report filed before the Delhi HC on August 17, MeitY said it has taken cognisance of the concerns flagged by the court in its previous orders
The HC disposed of the case saying the government's intention to bring a policy in the matter is sufficient compliance of the Court’s order
While hearing a case involving webseries ‘College Romance’, the court previously remarked that there was a need for ‘urgent attention’ to frame rules to regulate content OTT platforms
The union government reportedly told the Delhi High Court (HC) that it will frame necessary rules and regulations to curb the use of ‘vulgar language’ on social media and OTT platforms.
As per news agency PTI, the Ministry of Electronics and Information Technology (MeitY), in a compliance report filed before the HC on August 17, said it has taken cognisance of concerns flagged by the HC in its previous orders.
“… (as) part of its regular exercise on policymaking for the techno-legal ecosystem, it (MeitY) gives due consideration to the observations of this honourable court in its judgement to regulate the social media platforms/intermediaries for making it safer from the use of vulgar languages,” noted the affidavit.
In its previous observations, the HC noted that there was a need for ‘urgent attention’ to frame rules to regulate content on social media and streaming platforms.
Meanwhile, the HC disposed of the matter after the submission from the ministry.
“This court takes note of the fact that it is a policy decision which is to be undertaken by the Ministry and the legislature, it is sufficient compliance of the order of this court. This court has been assured that the concerns of this court expressed through the said judgement will be incorporated in the future rules and regulations which will be shortly undertaken,” observed the HC.
At the heart of the matter is a case involving a webseries, College Romance, streamed on major Indian streaming platforms such as SonyLiv, YouTube and TVFPlay. In 2019, an Additional Chief Metropolitan Magistrate directed the Delhi Police to file an FIR in the matter against the show’s director Simarpreet Singh and actor Apoorva Arora under the Information Technology Act.
A year later in 2020, an additional sessions judge upheld the order and directed the concerned authorities to register an FIR under the relevant sections of the IT Act. Eventually, the creator of the show, The Viral Fever (TVF), moved the Delhi HC to challenge the matter.
On March 6 this year, the HC upheld the order of the Additional Chief Metropolitan Magistrate but added that registering FIR did not include a direction to arrest the accused or the petitioner. The HC came down heavily on the OTT platforms and raised concerns over the use of vulgar language in public domain and on social media platforms.
While delivering the verdict, the HC also said that the bench watched the episodes through earphones and that the ‘profanity of the language’ on the show could not have been heard without ‘shocking or alarming the people around’.
It also flagged the ‘sheer enormous power’ and reach of online platforms across all age groups, adding that such avenues were also open to ‘children of tender age’. The HC also remarked that the shows that include the use of ‘obscene words and foul language’ cannot ‘take shelter under the argument of the new generation using such language’.
Earlier today, the Supreme Court also warned users of ‘action’ for posting abusive or vulgar content on social media. Earlier in March, Information and Broadcasting Minister Anurag Thakur said that streaming vulgar and abusive content on OTT platforms in the name of creativity was not acceptable.
Later in July, reports surfaced that the Centre told streaming giants such as Netflix and Disney that the content on their platforms ought to be reviewed independently for obscenity and violence before premiering online.
