Neha Kapoor v. Ministry of Information and Broadcasting

Manvi MittalCase Summary

Neha Kapoor v. Ministry of Information and Broadcasting

Neha Kapoor v. Ministry of Information and Broadcasting
In the High Court of Delhi
WP(C) 4319/2021
Before Chief Justice S.C. Sharma and Justice S. Prasad
Decided on January 24, 2023

Relevancy of the Case: Petition seeking directions for the Ministry of Information and Broadcasting to set up a dedicated authority to review or censor non-film songs

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 2(w), 79, 87)
  • The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Rule 2, 3, 4, 7) (“IT Rules, 2021”)

Relevant Facts of the Case

  • The petitioner, appearing in person, filed a petition to direct the respondents to constitute a regulatory authority to review/censor non-film songs, their lyrics, and videos. Further, composers must receive certifications for their non-film songs.
  • Moreover, the petitioner seeks a direction from the second respondent to set up a body for screening every non-film song and its contents before its release on the Internet. If non-film songs contain vulgar content, the body shall ban it immediately.
  • The Central Government, in the exercise of its powers, introduced the IT Rules, 2021 to regulate the nature of the content on OTT platforms.

Opinion of the Bench

  • There is a clear regulation to regulate the content available on OTT platforms.
  • Moreover, laws like the Cinematograph Act, 1952, and the Cable Television Networks (Regulation) Act, 1995, among others, regulate television content.
  • Moreover, the court cannot amend any statute as it will violate the concept of separation of powers.

Final Decision

  • The court dismissed the petition.