YouTube Influencer Under Police Investigation for Alleged Obscene Remarks
In legal terms, ‘obscenity’ refers to indecent expressions that can be conveyed through words, actions, or gestures.
Ethical Issues Surrounding Obscenity
Freedom of Expression vs. Obscenity Laws: The Constitution guarantees freedom of speech under Article 19(1)(a), but this right is limited by laws such as the Bharatiya Nyaya Sanhita (BNS), 2023, including provisions like Section 294 and Section 296.
Subjectivity in Defining Obscenity: The absence of a clear, objective definition of obscenity leads to subjective interpretations. For example, in the Aveek Sarkar v. State of West Bengal case, the Supreme Court recognized that what is considered obscene in one community may not be viewed the same way in another.
Censorship vs. Artistic Freedom: There is an ongoing tension between censoring material to protect public morality and allowing artists the freedom to express themselves. For instance, in the Maqbool Fida Hussain v. Raj Kumar Pandey case, the court ruled that nudity alone does not constitute obscenity, highlighting the ethical dilemma between artistic expression and societal norms.
Key Recommendations for Obscenity
Clear Definition: Obscenity should be defined in a clear and context-sensitive manner, avoiding subjective terms.
Application of the Harm Principle: Restrictions on obscenity should aim to prevent actual harm, rather than just offend public sensibilities.
Adopting the Community Standard Principle: A ‘Contemporary Community Standard’ test should be implemented, reflecting the evolving morals and values of society over time.
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