The Bombay High Court, last week rejected a Public Interest Litigation filed by NGO, Janhit Manch and lawyer, Sandeep Jalan. The petition sought a blanket ban on pornographic websites. The NGO had argued that websites displaying sexually explicit content had an adverse influence, leading youth on a delinquent path.

Rejecting the petition, the Division Bench comprising Justices F.I. Rebello and J.H. Bhatia stated that there cannot be a blanket ban since there are divergent views on what constitutes morally degrading content. The Bench added that its higher obligation was to protect the freedom of free speech. The Bench in its judgement noted, “If such an exercise is done, then an aggrieved party, depending on the sensibilities of persons whose views may differ on what is morally degrading or prurient, will be sitting in judgment even before a competent court decides the issue”.

However, the Bench held that the Information Technology Act already covers punishment for obscene websites and any aggrieved party may file a complaint against it. Last year, amendments were made to the IT Act that stripped the Government of the power to ban pornographic websites on grounds of obscenity.  Only the court has the authority to ban a website on grounds of obscenity.

Sandeep Jalan appeared in person and on behalf of Janhit Manch and A.M. Sethna appeared on behalf of the Government.

Reference: Janhit Manch and Others vs. Union of India; PIL No. 155/ 2009.

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