Media’s Complexity with Obscenity

Media brings the world to our doorstep. Its purpose is to keep us updated regarding all the goings-on in the world, with the current affairs as well as the technology and advancement of science along with social and economic issues. Media adds to our knowledge and gives us more information. With the advent of new technologies and easy accessibility to the social media as well, each and every piece of news is being churned out and discussed in such detail that it borders on obsessiveness. Due to cut throat competition between every branch of media and to get the most viewers, readers, TRP'S, etc, there is a need for speed for getting stories, lucrative and captivating stories for which there is often a dereliction of duty at the end of media people. Classic news is hardly available on any news channel these days.

We all know the importance of being up to date with the current affairs of the world. But who is to say that what we are watching on TV is actually the information we should be aware of, or just the media’s way to get more viewers with no real regard for the story they are featuring. Who is to make such a differentiation between information, misinformation and disinformation?

Our Indian Constitution has guaranteed a fundamental right to freedom of speech and expression under Article.19 (1) (a), which is repeatedly exploited by the media to broadcast/publish obscene or indecent news. Accompanying the provision of Article 19 (1) (a), Constitution has also made provision imposing reasonable restrictions in the interest of the sovereignty, integrity, public decency, morality, etc under Article 19 (2), and this aspect of the law is highly overlooked by media before publication of content that has proven to be inadequate.

Sec. 292 of the Indian Penal Code, 1860 has made a general provision in respect to obscenity and has not defined the word "obscenity" anywhere. Sub- sec. (1) of sec.292 generally speaks about sale, hire, distribution, public exhibition or circulation of any book, pamphlet, paper, drawing, painting, etc having any lascivious content, effect of which it tends to deprave and corrupt people who read, see or hear the matter contained in it to be an offence. But the loop hole in this section of IPC is that it has not defined the term "obscenity", hence, it has become very difficult to precisely state what comes under the purview of “obscenity” and what doesn’t. With each passing day, our society is evolving into a more 

receptive “modern” society while adopting the western culture and in such a time, anything can be sold in the name of changing modern lifestyle or elevation from conservative social thinking.

The term "obscenity" for a layman means something which is indecent, lewd, and offensive in behavior, expression or appearance and which creates a situation of sudden shock for the recipient and having this in mind. Obscenity is a subjective term, which might differ from individual to individual for their personal feelings and opinions concerning indecency related to a particular thing. What might be indecent for one, might not be for the other but considering this fact, it is incumbent on the legislature to interpret the term "obscenity", to avoid further assassination of morality. There needs to be a yardstick indicating a line of demarcation adequate enough to distinguish between that which is obscene and that which is not.

Many advertisements published in newspapers, magazine related to contraceptives involve picture of semi-nude women models posing in seductive gestures, soliciting and luring people to try their products. The rationale which is attached to such advertisements is that it cannot be called obscene if it carries a social message.

Such advertisements granted may carry a relevant social message, but it surely cannot justify the unnecessary photos of scantily clad models that accompany it. It proves to be inappropriate for children and young adults and only creates more mischief in their minds. Particularly for newspapers and magazines which are pursued by almost every age group, there has to be certain restrictions on publication of forcefully lewd content.

As of today, majority of the Indian society have yet to progress from the conservative social state of mind and still lack the capacity to interpret what they are presented with, in the right manner and hence, there is a need for a check over "obscenity" as well as the laws attached to it.