What is objectionable in 'College Romance', TVF web series slammed by Delhi HC

The Delhi High Court has underlined the need for taking seriously the use of vulgar language in public domain including on social media and OTT platforms which are open to children of tender age.

The court has come down heavily on the language used in TVF web series 'College Romance'. It said the use of obscenities in the form of foul language degrades women so they may feel like victims as the expletives and obscenities refer to women being objects of sex.

"The use of obscene words and foul language in social media platforms have to be regulated when it crosses a particular line, as it can be a true threat to impressionable minds and cannot receive constitutional protection of free speech," Justice Swarana Kanta Sharma said in a 41-page judgement.

The judge said while in schools, offices etc., students and workers can be punished for using profane speech, the authorities also need to regulate "profanity which enters into the domain of indecent speech by a broadcast medium."

The high court's verdict came while upholding an order of the Additional Chief Metropolitan Magistrate (ACMM) asking the Delhi Police to register an FIR against TVF, the show's director Simarpreet Singh and actor Apoorva Arora under the Information Technology Act. It clarified that the direction to register FIR does not include a direction to arrest any of the accused or petitioner.

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The court said the challenge faced by India, as faced by many other countries, for enacting appropriate law, guidelines and rules to regulate the content on social media and on OTT platforms needs urgent attention.

After watching a few episodes of the series, the court found excessive use of 'swear words', 'profane language' and 'vulgar expletives' were there and the judge had to watch the episodes using earphones.

The court said if the web series using such obscene and abusive words and foul language is allowed to be aired without setting any boundaries, it will fail to send message that a certain standard of decency and civility is expected from electronic media.

Justice Sharma said there is no doubt that the courts cannot do moral policing nor do the courts ever want to.

"The court said the use of profanity is also a moral issue and society has to deal with it by its own means, too. However, when the content is shown through social media, the sheer enormous power of electronic media and its reach to people of all ages will certainly invite attention of the court, law enforcement and law making authorities to regulate it. One cannot lean in favour of unrestricted, unfettered freedom of profane, indecent and obscene speech and expression by way of web series without classification of the same," it said.

It said even if a judgment triggers a debate in society about an issue at the heart of a societal problem, it will serve the ends of justice, that is, the ultimate goal of a judge.

(With inputs from PTI)