OBSCENITY:
POLITY
NEWS: I&B
Ministry warns OTTs against ‘obscene content’
WHAT’S
IN THE NEWS?
Ranveer Allahbadia and Samay Raina
are under investigation for allegedly making obscene remarks on a YouTube show,
charged under Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023,
highlighting the nuances of obscenity laws in India.
Comprehensive
Overview of Legal Provisions on Obscenity in India
·
Section 294 of the Bharatiya Nyaya
Sanhita (BNS), 2023:
- Scope and Definitions: This section criminalizes
the selling, importing, exporting, advertising, or profiting from obscene
materials such as books, paintings, figures, and electronic content.
- Criteria for Obscenity: Content is considered
obscene if it is lascivious, appeals to prurient interests, or is likely
to deprave and corrupt those exposed to it.
- Punishments: Specifies increasing
penalties for repeat offenses, reflecting the law's intent to deter
recurrent violations.
·
Section 67 of the Information Technology
Act, 2000:
- Digital Content Regulation: Targets online obscene
content with a definition similar to that in Section 294 but imposes
stricter penalties to address the broader reach and impact of digital
platforms.
- Penalties: Severe fines and imprisonment terms underscore
the serious approach to controlling digital obscenity, recognizing the
ease of access and potential harm of online content.
·
Section 296 of the Bharatiya Nyaya
Sanhita (BNS), 2023:
- Public Obscenity Provisions: Criminalizes the performance
of obscene acts or the utterance of obscene songs or words in public
places if they cause annoyance.
- Milder Penalties: Compared to other sections,
the penalties here are less severe, reflecting the relatively lower
perceived harm of public utterances versus widespread distribution.
·
Indecent Representation of Women
(Prohibition) Act, 1986:
- Protection against Misrepresentation: Specifically addresses and
punishes the depiction of women in an indecent or derogatory manner,
reinforcing societal values against gender-based obscenity.
- Penalties: Stipulates fines and imprisonment, with
increased consequences for subsequent offenses to discourage repeat
violations.
Judicial
Interpretation and Evolution of Obscenity Laws
- Historical Basis - Hicklin Test:
- Origin and Application: Established in the UK and
initially adopted in India, this test assessed obscenity based on its
potential impact on the most susceptible members of society, often
disregarding artistic or social merit.
- Shift to Community Standards Test:
- Ranjit D. Udeshi vs State of Maharashtra
(1964): While
this case upheld the Hicklin test, it also set the stage for future
reconsiderations of how obscenity should be judged in India.
- Modern Judicial Approach: Emphasizes assessing the
dominant theme of the work as a whole, against contemporary community
standards rather than isolated content.
- Aveek Sarkar vs State of West Bengal
(2014): Marked
a significant shift by adopting the community standards test, leading to
more nuanced judgments that consider evolving societal norms and the
context of the content.
Obscenity
and Online Content: Modern Challenges
- College Romance Web Series Case (2024):
- Redefining Obscenity: The Supreme Court’s decision
to quash charges based on explicit language highlighted the distinction
between language that expresses extreme emotions and language that
arouses sexual desire.
- Application of Community Standards: This case further solidified
the move towards a more liberal and contextual approach to defining and
regulating obscenity, recognizing the changing dynamics of language and
expression in the digital age.
Conclusion
The evolution of India’s obscenity
laws from a rigid, moralistic approach (Hicklin test) to a more flexible,
context-sensitive framework (Community Standards Test) demonstrates an attempt
to balance the protection of societal values with the realities of modern
expression and media. The ongoing case against Allahbadia and Raina underscores
the challenges and complexities of enforcing these laws in a diverse and
digitally connected society.
Source:
https://www.thehindu.com/news/national/vulgarity-on-social-media-centre-issues-advisory-to-ott-platforms-self-regulation-bodies/article69242248.ece