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2023 Supreme(Del) 300

SUBRAMONIUM PRASAD, SATISH CHANDRA SHAMAR
NEHA KAPOOR – Appellant
Versus
MINISTRY OF INFORMATION AND BROADCASTING – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Neha Kapoor.
For the Respondents: Shiva Lakshmi, Srishti Rawat, Ms. Ridhima Malhotra.

JUDGMENT :

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 07.04.2021 and counter affidavit has been filed.

3. The Union of India in exercise of powers conferred by sub-section (1), clauses (z) and (zg) of sub-section (2) of Section 87 of the Information Technology Act, 2000 (hereinafter referred to as “the IT Act‘) and in supersession of the Information Tech

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