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Shailesh (Businessman)     02 March 2025

If someone uploads a video of a person in which that person is using obscene language, will that uploader be guilty of obscenity in public?

If someone uploads a video of a person in which that person is using obscene language, will that uploader be guilty of obscenity in public?

In a recent case, someone uploaded a video of a Kendriya Vidyalaya teacher who was ranting obscene abuses because her posting was given in Bihar. A person uploaded that abusive video on YouTube without censoring those obscene words? Can that uploader be held guilty for spreading obscenity in public?

Give reasons for your answer.


 6 Replies

Dr. J C Vashista (Advocate )     03 March 2025

The teacher has already been punished, however, what is your locus standi / concern / dispute qua uploading such video ?

Seeking reasoning for giving an examination ?

Shailesh (Businessman)     03 March 2025

I am not talking about the teacher being punished or not. SOMEONE ELSE other than her uploaded the video where HE did not censor those obscene abusive words spoken by her in that video. So, will THAT UPLOADER be guilty of spreading obscenity in public because he did not censor those abuses?

P. Venu (Advocate)     03 March 2025

Any suggestion depends upon the facts and circumstances. The question whether the words could be termed obscene is a question of fact.

Shailesh (Businessman)     03 March 2025

I am amazed. These advocates, or rather who claim to be advocates firstly could not understand my question and secondly, need more clarification even for such obvious facts especially when there are more than enough evidences to prove that the words are obscene.

The teacher was using words like bhen ch**h, f**ken, f**ked etc which are prohibited to be used and were censored by news channels when they replayed the video. If those words are not obscene, then why were they censored? In many previous cases there were convictions for the use of such words in public which can be an example. The words described physical intercourse especially with sister. If a person involves in physical relationship in a public place, will he or she be innocent according to the law?

Even after so many reasons for the debate, if you still find that those words are decent, then I must say that there is nothing obscene in this world and the people of this world are shameless. 

   

T. Kalaiselvan, Advocate (Advocate)     03 March 2025

Section 67, IT Act, 2000: It punishes sharing obscene material in electronic form. The punishment can be jail for five years and a fine of Rs 10 lakhs. Section 67A, IT Act, 2000: It punishes sharing material containing s*xually explicit act in electronic form with jail for seven years and a fine of Rs 10 lakhs.

Shailesh (Businessman)     05 March 2025

@Nguyễn Hoàng  
Just forget it. Here in LCI, we have many people like you who will answer thousands of things except what is asked for. Personal opinions and prejudiced reply is your top priority. If there are many similar cases currently then there are many courts and Judges too but you missed out this point and answered airily.


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