The Supreme Court of India has dismissed a criminal case against The Viral Fever (TVF) related to its web series College Romance.
Justices ruled that the series did not violate certain sections of the Information Technology Act, overturning a previous Delhi High Court decision.
A complaint was lodged against the TVF show regarding Season 1, Episode 5 of the web-series, named ‘Happily F**d Up’, citing vulgar and obscene language.
The High Court had deemed the show’s language as obscene and profane. However, the Supreme Court disagreed, stating that vulgar language doesn’t necessarily equate to obscenity.
TVF is the pioneer of OTT content in India. They have emerged as one of the biggest brands in the country for providing relatable, thought-provoking yet entertaining content.
The Supreme Court referenced past cases like Bandit Queen to define obscenity. It emphasized that context is crucial in determining the impact of language and content.
The Court criticized the High Court’s literal interpretation of profanity and its focus on maintaining linguistic purity. It highlighted the need for an objective assessment of content without imposing courtroom standards.
The Supreme Court also disagreed with the High Court’s concern about youth exposure to such content online, stating that criminalizing profanity as obscene violates freedom of speech and artistic creativity.
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