Supreme Court Upholds Freedom of Expression: Abusive Language in Web Series Cannot Be Criminalised

In a landmark judgment, the Supreme Court has underscored the protection of freedom of expression by ruling that the use of abusive language in web series and OTT content cannot be criminalised. The bench, comprising justices AS Bopanna and PS Narasimha, emphasized that labelling profanity as a criminal offence would constitute a violation of free speech rights and would be disproportionate and excessive.

The court reiterated that the test for determining obscenity must revolve around whether the material has the tendency to deprave or corrupt minds. While acknowledging that vulgar language may elicit disgust or shock, it clarified that mere vulgarity does not necessarily amount to obscenity, which requires a deeper level of depravity and corruption.

Furthermore, the court introduced a new standard to assess the legality of online content, stating that the metric cannot be whether it is suitable for a courtroom setting. Such an approach, the bench argued, would unduly restrict freedom of expression and impose arbitrary standards of propriety and formality.

The judgment came in response to a criminal case filed against the creators of the web series “College Romance” under the IT Act for allegedly producing obscene material. The Delhi High Court had ordered the registration of a criminal case, citing excessive use of profanities and vulgar language in the series.

However, the Supreme Court overturned this decision, asserting that the high court had erred in its approach. Instead of focusing on contemporary standards of civility and morality, the court emphasized the need to determine whether the content appeals to prurient interests or tends to deprave and corrupt minds.

In essence, the Supreme Court’s ruling reaffirms the importance of protecting freedom of expression in the digital age and sets a crucial precedent for the regulation of online content in India.

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