19 March 2024 Information Technology Act >> Intellectual Property Rights  

The Supreme Court of India has quashed an FIR filed against the makers of a web series titled "Happily F****d Up" over alleged obscenity in the title and a particular episode.

Facts:

• A complaint was filed with the Assistant Commissioner of Police (ACP) alleging that Season 1, Episode 5 of the web series contained vulgar and obscene language.
• The ACP, after investigation, concluded that no offense was made out and the content was not obscene.
• Despite the ACP's report, an FIR was registered in April 2023 under Sections 67 and 67A of the Information Technology Act (IT Act) against the makers of the web series.

Conclusion:

• The Supreme Court allowed the appeal filed by the makers and quashed the FIR.
• The Court held that the allegedly offensive portions did not meet the legal definition of obscenity.
• The Court reasoned that the words used, even though strong, did not refer to any sexually explicit act and wouldn't be considered obscene under the prevailing community standards test.
• Additionally, the Court found no scenes depicting sexually explicit acts or conduct, which are essential elements for an offense under Section 67A of the IT Act.

Takeaway:

This judgement clarifies the boundaries of obscenity in the context of web series content. It highlights that strong language alone doesn't amount to obscenity, and the content must be judged based on prevailing community standards and the presence of explicit sexual acts.

Information Technology Act, 2000    

Code of Criminal Procedure, 1973