Neutral Citation Number:2023/DHC/000558

W.P.(C) 4319/2021

Page 1 of 21

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 24^th JANUARY, 2023

IN THE MATTER OF:

+

W.P.(C) 4319/2021

NEHA KAPOOR & ANR.

..... Petitioners

Through:

Ms. Neha Kapoor, Advocate.

versus

MINISTRY OF INFORMATION AND BROADCASTING & ANR.

..... Respondents

Through:

Ms. Shiva Lakshmi, CGSC with Ms.

Srishti Rawat and Ms. Ridhima

Malhotra, Advocates for R-2.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

SATISH CHANDRA SHAMAR, C.J.

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

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number:2023/DHC/000558

W.P.(C) 4319/2021

Page 2 of 21

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 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 Section 2(w) of the IT Act and the

same reads as under:

message;‖

4.

Significant Social Media Intermediary and Social Media Intermediary

has been defined under Sections 2(v) and 2(w) respectively of the Ethics

Code and the same reads as under:

―2.

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number:2023/DHC/000558

W.P.(C) 4319/2021

Page 3 of 21

information using its services;‖

5.

Section 3 of the Ethics Code lays down the due diligence that is to be

followed by all the intermediaries and the same reads as under:

namely:—

update or share any information that,—

(ii) is defamatory, obscene, pornographic,

paedophilic, invasive of another„s privacy,

including bodily privacy, insulting or

harassing on the basis of gender, libellous,

racially or ethnically objectionable, relating

or encouraging money laundering or

gambling, or otherwise inconsistent with or

contrary to the laws in force;

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number:2023/DHC/000558

W.P.(C) 4319/2021

Page 4 of 21

Digitally Signed

By:SHAZAAD ZAKIR

Signing Date:25.01.2023

17:18:09

Signature Not Verified

Neutral Citation Number:2023/DHC/000558

W.P.(C) 4319/2021

Page 5 of 21

Provided that any notification made by the

Appropriate Government or its agency in

relation to any information which is prohibited

under any law for the time being in force shall

be issued by an authorised agency, as may be

notified by the Appropriate Government:

Provided further that if any such information

is hosted, stored or published, the