The Delhi High Court has been reassured by the Centre that its forthcoming policy pertaining to social media platforms and intermediaries will encompass essential provisions to maintain a space devoid of indecent language and profanities. The Ministry of Electronics & Information Technology (MeitY), in an affidavit that demonstrates adherence to the high court’s prior instructions, has acknowledged the concerns articulated by the high court in its previous directives.
In its earlier pronouncements, the high court emphasised the urgency of formulating regulations and guidelines to oversee the content disseminated across social media and OTT platforms. Specifically, it underscored the necessity of addressing the use of offensive language within the public domain and on social media platforms accessible to young children.
Justice Swarna Kanta Sharma, in an order issued on August 17, elucidated, “It is stated that it is a policy decision and having taken note of the concerns of this court expressed through its directions, the concerned Ministry (MeitY), while undertaking its regular exercise of policy making, will incorporate rules/regulations to regulate the social media platforms, intermediaries for making it safer from the use of vulgar language including profanity, bad words, etc., as per the judgement of this court.”
Subsequent to the ministry’s submission, the high court resolved the matter by confirming it as sufficient compliance with its earlier directives. The high court acknowledged, “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.”
In a separate instance, the high court had reproached the language employed in the TVF web series ‘College Romance,’ expressing that the use of offensive language demeaned women and objectified them. The court’s verdict on March 6 upheld an Additional Chief Metropolitan Magistrate’s order to the Delhi Police to initiate an FIR against TVF, the director Simarpreet Singh, and actor Apoorva Arora under the Information Technology Act.
The court clarified that the instruction to file an FIR did not entail a directive to apprehend any of the accused parties. The court highlighted the pressing need for India, along with several other nations, to enact appropriate legislation, guidelines, and rules to oversee the content disseminated on social media and OTT platforms.
After viewing several episodes of the series, the court observed an excessive use of ‘swear words,’ ‘profane language,’ and ‘vulgar expletives.’ The judge remarked that she had to utilise earphones while watching the episodes in her chamber, as the explicit language was so offensive that it risked shocking or alarming those nearby.
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