Bombay High Court Asks Centre Who Will Regulate Obscenity In Web Series.

DIVYA GANESHPRASAD GONTIA filed a PUBLIC INTEREST LITIGATION (PIL) on the regulation of web content broadcasted directly on the internet, the Bombay High Court has asked the various ministries to file their submission on the matter.

PIL :-

PUBLIC INTEREST LITIGATIONis commonly known as PIL which means litigation for the protection of public interest. But it is not defined in any statue or act. It has been interpreted by judges to consider the intent of public. Its history started in August 1985,by P.N Bhagawati became the chief justice of India. He introduced the concept of PIL to Indian Judicial system because before the 1980s, only the aggrieved party could approach the court for justice. However the court fee for filing a PIL is less when compared to other courts fee.

Issues cited :-

1. Broadcasting nudity or vulgar scenes is a cognizable offence under Indian Penal Code (IPC), 1860, Cinematograph Act,1952, Indecent Representation of Women (Prohibition) Act 1986 and the Information Technology Act, 2000.

2. There should be a set up kept by I&B Ministry a pre-screening committee for web shows, films or other programs which are released directly on online platforms.

These are the two issues which are filed by the Advocate Shyam Decani, the petitioner's (Divya Ganeshprasad Gontia) lawyer in Bombay High Court. The petitioner also cited shows such as “Gandi Baat” on ALTBalaji.com and “Sacred Games” on Netflix as examples of shows having “vulgar content”. The show Gandi Baat is offensive to women. The ideas expressed by it are indecent and lewd and thus obscene. It has scenes where a man is sexually harassing his daughter-in-law, added the petitioner.

Notice by High Court :-

DHARMADHIKARI and M G BIRADKAR issued notices to the Ministry of Information & Broadcasting Union Ministry of Electronics and Information Technology, Ministry of Law and Justice, Ministry of Home Affairs and also the Nagpur police commissioner, seeking reply.

Another petition on web content :-

This is not the first time, Sacred Games is facing legal issues, earlier, another petioner Nikhil Bhalla had also approached the Delhi Court over the ‘Sacred Games’ script, demanding to censor it.

A petition was filed in the Delhi High Court seeking deletion of certain scenes from Netflix show ‘Sacred Games’ claiming that those were derogatory to former Prime Minister Rajiv Gandhi. The petition by Nikhil Bhalla was mentioned before a bench headed by Acting Chief Justice Gita Mittal who allowed it to be listed for hearing.