NEHA KAPOOR Vs. MINISTRY OF INFORMATION AND BROADCASTING

JUDGEMENT

(1.) The instant Writ Petition under Article 226 of the Constitution of India has been filed by the Petitioner for a direction to the Respondents herein to constitute a Regulatory Authority/censor board to censor/review the non-film songs, their lyrics and videos which are made available to the general public through various media platforms like Television, YouTube, etc. and make it mandatory for composers of non-film songs to receive certification before such songs are made available in public domain. Petitioner also seeks a direction to Respondent No.2 herein to constitute a body to screen every non-film song and its contents, including lyrics and video, before they are released on the internet through any platform/application and to ban all such non-film songs available on the internet having obscene/vulgar content with immediate effect.

(2.) Notice was issued in the matter on 7/4/2021 and counter affidavit has been filed.

(3.) The Union of India in exercise of powers conferred by sub-sec. (1),clauses (z) and (zg) of sub-sec. (2) of Sec. 87 of the Information Technology Act, 2000 (hereinafter referred to as =the IT Act') and in supersession of the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as =the Rules') has brought out the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as =the Ethics Code'). The Ethics Code lays down a regimen to be followed by every intermediary. An intermediary has been defined under Sec. 2(w) of the IT Act and the same reads as under: