Supreme Court Dismisses Plea Seeking Ban On "Mirzapur 2"; Rejects Prayer For Pre-Screening Committee For OTT Shows

Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Bela M. Trivedi, on Thursday, dismissed a writ petition praying to stop/ban the release of web series Mirzapur 2 whose launching was proposed on 23.10.2020. The petition had further prayed for directing the government to set up a pre-screening committee for web series, films or other programs which were directly released on online platforms.

Stating that the show Mirzapur had already been launched in 2020, the court took note of the second prayer of the petition, which had asked for a pre-screening committees for shows released on OTT platforms. CJI Lalit remarked–

"This court has always been consistent that pre-censorship is not something which is permissible. How can there be a pre-screening committee for web series? (For movies released in theatres) there is a particular legislation. The cinematograph act, there are so many legislations...Unless you say that this OTT business is also part of that...so, therefore, your frame of the petition has to be of a different order which enables the authorities to have pre-view censorship; like cinema, where you have censorship certificate. You have to have so many other things. So whether this applies to the OTT business or not."

CJI Lalit also orally remarked that in order to pre-screen content uploaded on OTT platforms on the internet, there were many issues that had to be looked into. He highlighted that the transmission in such cases was not from India and in most cases the transmission occurred from other countries, even if the viewers or the exhibition was in India. He said–

"Most of the satellites are not based in this country. Your petition has to be slightly more detailed. Any person who has been aggrieved after the exhibition is different. What he is trying to say is that even what is projected through the internet, what is projected through virtual mode, or what is projected through what is normally called a satellite dish antenna system, even that should also be (censored)."

The petitioner tried to draw the attention of the bench to his first prayer, concerning ban on the show 'Mirzapur' and stated that even though Mirzapur 2 had been released, the show was releasing yet another part. The bench stated that for that prayer to be considered, the petitioner would have to place the updated facts on record. CJI stated–

"Whatever it is, first and foremost you have to make out the case for this kind of prayer– a pre-exhibition censorship. What is the material to say that which statutory provision applies? To go minus the statutory provision and clearly put it under Article 19, then everybody has a right to do this. Free speech demands that. The way you have framed the petition is not adequate."

Accordingly, petitioner was granted liberty to withdraw petition with further liberty to file modified petition including all the relevant features and statutory provisions in support of the submissions to be advanced in the petition. 

Background

The petition stated that it had been filed to protect the historical and cultural value of district Mirzapur located in Uttar Pradesh. It stated that Mirzapur was the place where the holy river Ganga meets the Vindhya Range and that the city was considered significant in Hindu mythology and had a mention in Vedas. However, as per the petition, the rich cultural value of Mirzapur was affected due to the launch of web series 'Mirzapur' in which Mirzapur was displayed as a "city of goons and adulteresses". The petition also highlighted that the series showed a lady belonging to Mirzapur having a sexual affair with her servant and with her father-in-law which had caused insult to the population of approximately 30 Lakh residents of Mirzapur and the rich culture of Mirzapur as well. Accordingly the petition prayed for the Government of India to ban the release of Mirzapur 2, which is a sequel of Mirzapur.

The petition had also requested for making certification mandatory from a government authority before releasing any web series on an online platform. Additionally the petition sought to set up rules and regulations for censoring movies which were released on online platforms just as they were censored before releasing in theatres and box office. It prayed that an enquiry must be conducted against Excel entertainment, Amazon Prime video and the actors working in the web series Mirzapur under Indecent Representation of (Women) Prohibition Act 1986, Cinematography Act, and Information Technology Act, 2000.

Case Title: Sujeet Kumar Singh v. UOI And Ors. WP(C) No. 1171/2020 PIL

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