Context of the Controversy:
- The controversy stems from crude remarks by YouTuber Ranveer Allahabadia on the show India’s Got Latent.
- Hosted by comedian Samay Raina, the show features judges critiquing performers with dank humor.
- Political leaders, including Chief Ministers, a Parliamentary Standing Committee, and even the Supreme Court, condemned the remarks.
- Despite their popularity, both YouTubers seem to be entangled in a larger issue of controlling digital media.
Relevance :GS 1(Society) , GS 2(Social Issues)
Legal Dimensions:
- Supreme Court’s Stance:
- Called Allahabadia’s comments indicative of “a very dirty mind” but emphasized separating moral outrage from criminality.
- Apoorva Arora v. Govt. of NCT of Delhi (2024): Quashed prosecutions for vulgar language, advocating an objective test for obscenity (not mere indecency).
- Section 69A of IT Act, 2000:
- Empowers the government to block websites, but “decency and morality” are not valid grounds under this section.
- Increase in opaque blocking orders facilitated by the IT Rules, 2021.
Regulatory Push & Broadcasting Bill:
- The Ministry of Information and Broadcasting’s Broadcasting Bill seeks to place online creators under traditional broadcasting regulations.
- Initial public opposition to the Bill has weakened amid the latest controversy.
- The Parliamentary Standing Committee (headed by Nishikant Dubey) has renewed calls for stricter digital regulations.
- Pattern emerges where public uproar leads to expanded governmental control over digital content.
Precedent of OTT Platform Regulation:
- Tandav controversy (2021) led to criminal cases, government pressure, and eventual scene cuts.
- Introduction of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, partly influenced by similar controversies.
- OTT platforms, to avoid legal hassles, now often self–censor or accept Ministry oversight—a “Faustian bargain.”
- Consequence: Web series that challenge societal or political norms risk being discontinued.
Implications for Freedom of Expression:
- The uproar over a “distasteful joke” masks a broader agenda of increasing digital censorship.
- Popular creators may soon advocate for regulation to avoid harsher penalties—risking erosion of creative freedom.
- Blocking decisions lack transparency, raising concerns about unchecked executive power.
Broader Concerns:
- Expansion of censorship under the guise of morality could stifle dissent and artistic expression.
- Regulatory ambiguity in the Broadcasting Bill and IT Rules threatens independent journalism and online creativity.
- Society risks normalizing censorship in response to orchestrated public outrage.
