Madhya Pradesh High Court
Ekta Kapoor vs State Of M.P. on 26 August, 2020
Author: Shailendra Shukla
Bench: Shailendra Shukla
1 MCRC-28386-2020
The High Court Of Madhya Pradesh
MCRC-28386-2020
(EKTA KAPOOR Vs STATE OF M.P. AND OTHERS) 2 Indore, Dated : 26-08-2020 Heard through Video Conferencing.
Shri Vinay Saraf, learned Senior Counsel with Shri Anand Soni, learned counsel for the applicant.
Shri P. M. Bhargava, learned AAG for the non-applicant No.1 -
State.
Shri Bhuwan Gautam, learned counsel for the non-applicant No.2.
Two CDs have been submitted for perusal as per the direction made by this Court on the last occasion.
Parts of the CD was perused and the same has been handed over for the time being to the counsel who shall again place the same for displaying, as and when required.
During the submissions, this Court has raised a query as to whether there is any regulatory authority in respect of web-series which are run on over the top platform through internet.
Learned Senior Counsel has answered in negative. The question was whether there ought to be any regulatory authority or not or what is the discretion of displaying the web-series.
To this, learned Senior Counsel for the applicant has pointed towards conglomeration of certain channels known as IAMAI for developing the code of best practices for online curated content providers. However, he fairly admits that there is no regulatory authority to recognize and authenticate and give assent to such code 2 MCRC-28386-2020 of best practices. He further submits that in absence of such regulatory authority only restriction of displaying the web-series would be that such web-series do not violate laws prevalent such as provisions of IPC, Information Technology Act, Cinematography Act and other relevant Acts. Learned counsel has referred to an order of the Delhi High Court in WP (C) No.11164/2018 - Justice for Rights Foundation vs. Union of India. He also submits that the aforesaid question regarding requirement of regulatory authority is seized with the Apex Court. He seeks to file certain citations on the applicability of Section 67 and 67-A of the Information Technology Act.
The aforesaid citations be filed within a period of one week with a copy to the counsel for the State.
In the meanwhile, a para-wise reply be filed by the learned AAG for the State.
Matter be listed on 07.09.2020.
Interim relief to continue till the next date.
(SHAILENDRA SHUKLA) JUDGE gp Digitally signed by Geeta Pramod Date: 2020.08.27 15:03:16 +05'30'