Need to regulate the Over-the-top media service content- Supreme Court

Need to regulate the Over-the-top media service content- Supreme Court

The matter came into the limelight when Allahabad High Court rejected the bail plea filed by Aparna Purohit, Head of Amazon Prime Video, India, concerning the series ‘Tandav’. Purohit booked under sections 153A, 295, 295A, 505(1)(b), 505(2) of the Indian Penal Code. Also, under sections 66 and 67 of the IT Act. The reasons given by the Allahabad High Court for rejecting the anticipatory bail are as follows:

1.The display of characters faith tends to damage the sensibility of the community in its entirety.

2.The name ‘Tandav’ represents the particular acts performed by Lord Shiva and, this could be objectionable by the people in our country.

3.To this order, Justice Siddharth pointed at Purohit’s malice intention to shred the religious sentiments and said that she booked under section 153A of the Indian Penal Code.

4.The series made by Purohit provokes disharmony in society since it concerns religion, as said by the Allahabad High Court. And it also portrays a negative message considering the names of Hindu Gods used.

Lastly, the Supreme Court viewed that the content over OTT platforms scrutinized to which, Senior Advocate Mukul Rohatgi said that the matter does not involve the new OTT regulations issued by the Centre but revolved around freedom of speech and expression. He also added that the OTT regulations were not relevant to this case and that the complaints filed against the series along with Purohit were merely a stunt by the ‘Publicity Seekers’.

Mihir Popat
I am a 2nd-year student of Jindal Global Law School, O.P. Jindal Global University. I stand by the concept of Kobayashi Maru that is winning a non-win situation by rewriting the rules. As a first-generation lawyer, my goal is to make never-ending contributions to the legal fraternity through my knowledge of the Law gained through hard work and perseverance.