Section 294 of Bharatiya Nyaya Sanhita (BNS), 2023

Recently a YouTuber was facing controversy over his comments on ‘India’s Got Latent’. The government has taken note and summoned him before a Parliamentary IT Committee.

• About the Legal Provisions: Criminalises sale, import, export, advertisement, and display of obscene materials, including online content.
• Information Technology (IT) Act, 2000: Under Section 67 criminalises publication or  transmission of obscene material in electronic form.
• Court Approach to determining Obscenity: Content evaluated as a whole, considering its context (artistic expression, satire, entertainment).

o “Community Standards Test”: Determines if content dominantly appeals to prurient interests → Public sentiment & cultural sensitivity are crucial—societal norms evolve over time → Balance between freedom of expression & morality—content that undermines public morals is restricted.

• Key Court Cases on Obscenity

o College Romance Case (2024): SC quashed proceedings under Section 292 IPC & Section 67 IT Act, held that “foul, indecent, and profane language” is different from obscenity. Obscenity requires arousing sexual thoughts, which the show did not.

• Social Media Laws in India:

o IT Act, 2000: Section 79 provides exemption to intermediaries from liability if they follow due diligence.

o Section 66A (punishment for offensive online messages) struck down in 2015 for being unconstitutional.

o IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021: Categorises platforms as social media intermediaries, significant social media intermediaries, and news publishers.

o Digital Personal Data Protection Bill (DPDPB): Establishes guidelines for data collection, processing, and storage by social media platforms, focus on user consent & data privacy.