The YouTube Obscenity Case: Freedom vs. Decency

1. In February 2025, a controversial remark made during an episode of a popular YouTube show caused a lot of anger in the public.
2. The comments were considered offensive.
3. As a result, FIRs were filed in two states: Maharashtra and Assam.
4. The show, initially meant for a small audience, went viral, resulting in public backlash and legal action.
5. And then the Supreme Court intervened, granting protection from arrest, while also criticizing the comments made.
6. The National Commission for Women also issued summons to individuals involved, and the legal proceedings continue.
7. The incident has brought a debate about the application of obscenity laws in digital content.

What is Obscenity?

Obscenity is anything that strongly offends what most people in a society consider morally acceptable, especially when it involves sex or bodily functions. It's hard to define perfectly because what's offensive changes from person to person and place to place.

Laws Governing Obscenity in Online Content:

1. Bharatiya Nyaya Sanhita, 2023 (BNS):

1. 1. Section 294 of the BNS punishes the sale or display of obscene material, which can include books, images, or online content.
   2. The law defines obscene content as being overly sexual or crude, which can harm or negatively influence people who see or hear it.
   3. Penalties: 1st-time offenders can face up to 2 years of prison and a Rs. 5,000 fine.

2. Section 67 of the IT Act, 2000:

1. 4. This section covers the use of the internet to publish or share obscene material.
   5. Penalties for violating this law include up to 3 years in prison and a Rs. 5 lakh fine for 1st-time offenders.

Evolution of Obscenity Laws: From Hicklin Test to Roth Test

1. Hicklin Test (1868):

1. 1. The Hicklin Test was developed in the UK in the 19th century.
   2. It defined obscenity as content that could corrupt or influence the minds of vulnerable people, even if only part of the material was inappropriate.
   3. In India, this test was used in the Ranjit D. Udeshi case (1964) to ban the book Lady Chatterley’s Lover, which was seen as inappropriate for public reading.

2. Shift from Hicklin Test:

1. 4. In 1959, the UK modified its approach with the Obscene Publications Act, requiring material to be evaluated as a whole, not just individual parts, before deciding if it was obscene.
   5. Similarly, in 1957, the US shifted its standard in the Roth v. United States case, using the “average person” standard based on modern community standards.

3. Indian Shift:

1. 6. In Aveek Sarkar v. State of West Bengal (2014), the Indian Supreme Court adopted the community standards test, considering societal values and how material impacts people as a whole.
   7. It emphasized that what was once considered obscene might not be seen as offensive today.
   8. Key takeaway: Obscenity is now judged based on current societal norms and evolving values.

Freedom of Expression and Obscenity

1. Article 19 of the Indian Constitution guarantees the right to freedom of speech and expression.
2. However, this right is not unlimited and can be restricted on certain grounds, including decency and morality.
3. Balancing free speech with public decency means content can be penalized if it violates societal norms of decency.

Recent Controversies on Obscenity

1. Urfi Javed (2023):

1. 1. The actor was criticized for wearing inappropriate clothing in public.
   2. Some political figures asked for legal action, citing obscenity laws.

2. Ranveer Singh (2022):

1. 3. The actor faced police action after sharing nude photographs on social media for a magazine cover.
   4. He was booked under Sections 292, 293, 509 of the IPC and Section 67A of the IT Act.

About the National Commission for Women (NCW) The National Commission for Women was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt. of India) to: Review the Constitutional and Legal safeguards for women; Recommend remedial legislative measures; Facilitate redressal of grievances and; Advise the Government on all policy matters affecting women. In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment during the year under report. The Commission completed its visits to all the States/UTs except Lakshdweep and prepared Gender Profiles to assess the status of women and their empowerment.  It received a large number of complaints and acted suo-moto in several cases to provide speedy justice.  It took up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more stringent and effective. It organized workshops/consultations, constituted expert committees on economic empowerment of women, conducted workshops/seminars for gender awareness and took up publicity campaign against female foeticide, violence against women etc. in order to generate awareness in the society against these social evils.

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