22 March 2024 (Punjab Khabarnama):In a major relief to OTT content creators, Supreme Court has overturned a Delhi High Court verdict that upheld a criminal case of obscenity against web series College Romance for its use of profanity and swear words. The apex court emphasises labelling abusive language as a criminal offence would be an infraction of free speech rights. “Such an approach unduly curtails the freedom of expression that can be exercised and compels the maker of the content to meet the requirements of judicial propriety, formality, and official language,” said the bench of Justices AS Bopanna and PS Narasimha.With shows like Mirzapur, Paatal Lok, Chamak, Rana Naidu, She, Saas Bahu Aur Flamingo and Delhi Crime that continue to grab eyeballs for such language, the SC order is definitely a welcome move for artistes, who think it would have been a regressive approach otherwise.Hailing the judgment, Paramvir Singh Cheema, who has played a dark and aggressive character Kaala in Chamak, says, “If in real life we can use cuss words to express anger, what’s wrong with using that language in a web show or movie? The biggest reason OTT platforms are striving is because it is very close to reality. The intention of every artist or writer is to be as true to their characters and situations as possible. Then there are warnings with each show and movie, so it’s at the discretion of the viewers what they choose to watch.”Calling freedom to think and speak as the foundation of every artiste, Paramvir continues, “Without freedom, no artist can work. It’s the demand of story that decides the language, appearance and location. And quite honestly, it’s very hypocritical of people to use profanity in their lives but stand against it in web content.”Writer-actor Zeishan Quadri, whose Gangs of Wasseypur is famous for its dialogues, which are swamped with foul language, believes, “Even if we are using the language, it has to be authentic. We can’t lose balance. Sometimes makers and actors overdo abusive words, and that’s misuse. At the same time, it’s such a relief to know that someone out there understands stopping someone to express themselves is a matter of violation of free speech rights.”Focusing on the real picture, he says, “In today’s world, every kid has a smart phone. Can you stop them from using it? Why defame an industry? There are movies by Anurag Basu and also by Karan Johar, choose what suits your sensibility.”Abhishek Banerjee, who has played Hathoda Tyagi in Paatal Lok, stands by the latest ruling. “I feel using abusive language is common in most parts of India, sometimes it’s meant as a friendly banter, for some it’s a way to let go of their anger. As long as it’s relevant to the world, a filmmaker will keep showing it in cinema. There shouldn’t be a problem with using profanity or expletives. We can’t control art in the name of few public opinions,” he affirms.Recently seen in Netflix series Murder Mubarak, Amaara Sangam empathises with those sensitive towards language, but profanity isn’t obscenity to her. She says, “Look at the international creators; right from Euphoria to Fleabag, if their storytellers had such restrictions, such exceptionally beautiful shows would have never been made. We have to understand that storytelling is a business of emotions. Taking the legal route to stop others based on personal morality and curbing expression of art is not advisable in a democracy that holds freedom of speech so highly.”Writer-director Anuraadha Tewari says, “I have the highest regard for the law and order machinery of our country and great faith in the SC’s endeavour to protect our freedom of speech and creative expression.”“What’s obscene and what’s not, this has always been a dilemma for literature, films and all kind of art forms since centuries. Saadat Hassan Manto and Ismat Chugtai were charged with allegations of obscenity, for writing words like ‘chest’ or even ‘aashiq’. My film Lihaaf is based on the popular book that has a similar theme. It shows how a writer faced charges of obscenity. This judgement brings a sense of relief,” says filmmaker Rahhat Kazmi.
