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MAATR FOUNDATION Through Amay Bajaj (Chief Secretary)

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MAATR FOUNDATION Through Amay Bajaj (Chief Secretary) • l Ba:r & Bench (www.barandb,ench.com) Writ Petition No. ____ /2019 IN THE MATTER OF:- Petitioner : MAATR FOUNDATION through Amay Bajaj (Chief Secretary) . Reg. Add. -SK-412, Shree Shyam Heights, Sampat Hills, Bicholi Mardana, Bypass Road, Indore (Madhya Pradesh) -452016 ; email [email protected] Versus Respondents :(1) UNION OF INDIA through Secretary, Ministry of Information and Broadcasting Governmentof India Room No 655, A Wing Shastri Bhawan, New Delhi-110001 (2) MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, DEPARTMENT OF ELECTRONICS AND INFORMATION TECHNOLOGY through Secretary, Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi: 110003 (3) CENTRAL BOARD OF FILM CERTIFICATION through Chief Executive Officer, Films Division Complex, 9th Floor, Phase I, 24-Dr. G.D. Marg, Mumbai- 400026 (4) BALAJI TELEFILMS via (www.altbalaji.com) Reg. Add. -C-13, Balaji House, Daria Industrial Estate, New Link Road, Andheri (West). Mumbai -400053, Maharashtra (5) NETFLIX ENTERTAINMENT SERVICES INDIA LLP via (www.netflix.com/in) Reg. Add. -Level 7, 4th North Avenue, Maker Maxlty Sandra Kurla Complex, Sandra (East), Mumbai-400051, Maharashtra (6) AMAZON SELLER SERVICES PRIVATE LIMITED (AMAZON PRIME) via (www.amazon.in) Reg. Add. -Ground Floor, Eros Plaza, Eros Corporate Tower, Nehru Place, New Delhi 110019 r (7) ULLU DIGITAL PVT LTD N0.001 (ULLU) via (www.ullu.app) Reg. Add. -Neoshine House, Northern Block, Plot No.52, Opp : Monginis, Off. New Link Road, Andheri (West), Mumbai, Maharashta -400053 (8) VIACOM 18 MEDIA PRIVATE LIMITED (VOOT) via ,. '.. ' (www.voolcom) ..-:­. Reg. Add. - Zion Bizworld,.Subhash Road-A, Vile Parle \,-- ,. ' . (East), Mumbai- 400057, Maharashtra �-, • • t .' .·> ...... •••, �·.• Ba:r & Bench (www.barandb,ench.com) (9) VUCLIP INDIA PRIVATE LIMITED (VIU) via (www.viu.com) Reg. Add. - Nanasaheb Gaikwad lnrormation Technology nd 51 . Park, 2 and 1 floor,Sarjaa Rd, Sahil Park, Sanewad1, Aundh, Puna, Maharashtra 411007 (10) HOICHOI via (www.hoichol.tv) 1h Reg. Add. -18 Floor, 1858/1, Rajda nga Main Road, Kolkata - 700107, West Bengal (11) YASH RAJ FILMS PRIVATE LIMITED (Y FILMS) via (www.vashrajfllms.com) Reg. Add. -5, Shah I ndustrial Estate, Veera Desai Road, Andherl (West), Mumbai -400053, Maharashtra (12) ZEE ENTERTAINMENT ENTERPRISES LIMITED (ZEE 6) via (www.zeeS.com) lh Reg. Add. - 18 Floor, A- Wing, Marathon Futurex, Lower I Pare!, Mumbai, Maharashtra (13) U DIGITAL CONTENT PRIVATE LIMITED (ARRE) via (www.arre.co.in) Reg. Add, -893, Nolan Chambers, Unit no. 702 & 801, Turner Road, Bandra (West),Mumbai 400050, Maharashtra PUBLIC INTEREST LITIGATION -WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. Particulars of thecause/order against which the petitio n is made: 1. 1. Date or Order: Nil 1.2 Passed In (Case or File Number): Nil 1.3 Passed by (Name and designation of the Court, Authority, Tribunal etc.): Nil 1.4. Subject-matter in brief: Respondent No. 4 to 13 are several national/multi­ national companies acting in the capacity of media content streamers are broadcasting obscene, unregulated, uncertified, sexually explicit, vulgar and legally restricted content. The co ntent is easily accessible by the public at large on internet. Even the childre n who are below the age of 18 years can gain easy access to this co nte nt. These content streamers are not only objectifying women but also showing them in bad light and are filling the minds with lascivious thoughts which is violative of their fundamental right to live with dignity. Hence this, Writ petition under article 226 of the Constitution of India seeking guidelines i n order to regulate the hitherto unregulated, uncensored, uncertified, sexually explicit, vulgar, profane, obscene and legally restricted content broadcasted on o nli ne platforms by Respondent No. 4 lo 13 , or in the ; alternative; seeking a wriVorder/direction in the nature of writ of mandamus or .. .. any other writ/order/direction in the similar nature to the Respondent No.1 to 3 to frame legal provisions/guidelines as well as develop a regulatory authority in • ,.,-J�' . ' •. ... ".., .. order to regulate the content broadcasted on the online platforms by respondent . -;�· .. .. No. 4 to 13, and direct Respondent No.1 to 3 to pass necessary directions to "''-Ao:. .. ! . �- "-• . /, . ...� .,- -· . .• �espo�dent No. 4 to 13 to remove such content from their online platforms with .:· .....,' ·;:- . ... ' � . 1mmed1ate effect I Ba:r & Bench (www.barandb,ench.com) t.' •....... '[' antecedentsof the Petitioner: a non-governmental :;/ot-� �i·'1 ,That, the petitioner Is organization constituted and registered as per the provisions contained In the Societies Registration A�t, '; -::'" 1860 with the aim to render quality services to the society as a who!�. It ,s also working in several socio--1.egal projects under its pro-bono legal aid cell and also training law students from all over the nation through means of internship under Adv. Amay Bajaj, who also works as the Chief Secretary under this organisation. 2.2That, the present petition under Art 226 of the Constitution of India Is being filed by way of public interest litigation and the petitioner has no personal interest. The petition is being filed in the interest of society as whole, precisely women and to stop the malpractice of objectification of women for sexual desires. Also for framing of several laws on the issues raised. 2.3That, the petitioner Is filing the present petition on its own and not at the Instance of someone else. The litigation cost, including the advocate's fee and travelling expenses of the lawyers, if any, are being borne by the petitioner himself. 3. Factsin brief, constituting the cause: MOST RESPECTFULLY SHOWETH: 3.1 That, the Respondent No. 4 to 13 are several nationaVmulti-national companies/persons acting in the capacity of media content streamers are broadcasting obscene, unregulated, uncertified. sexually explicit, vulgar and legallyrestr icted content. 3.2 That, the content Is easily accessible by the public at large on internet. Even the children who are below the age of 18 years cangain easy access to this adult content being streamed. 3.3 That, the Respondent No. 4 to 13 are not only objectifying women for sexual desires but also portraying them in bad light and are filling the minds with lascivious thoughts \vhich Is violative or their fundamental right to live with dignity as enshrined under Art 21 of Indian Constitution. 3.4 That, there are enormous number of such small scale production companies as well as individuals who are displaying such sensitive content on Internet. 3.5 That, the government of India had banned porn and the websites displaying pornographic/sexually explicit content In India in the year 2015. The content as displayed by Respondent No. 4 to 13 covers all such illegal aspects. 3.6 That, there is absence of any regulatory authority to regulate such adult contentbeing streamed on Internetin India. 3.7 That, According to Information Technology (Intermediaries guidelines) Rules, 2011 due diligenceshall be observed by intermediaries. the ''' . 3.8 That, the Ministry or Information and Broadcasting and Central Board of .. Film Certification has denied their jurisdiction on suchcontent, hence the content ,... ... isnot being censored or priorly examined by any concerned authority. ,:: ' ' ... ,. 3.9 That, the Department of Electronics and Information Technology has , (., • declared that media content streamers fall under the category of intermediary '' . ., . r.w. sec 2(1)(w) of The Information Technology Act, 2000. These Intermediaries ... '... <. -. t.., - . • • , i Ba:r & Bench (www.barandb,ench.com) ° .(,,' 2060 4. Sourco of Information: The petitioners declare that facts pleaded in the petition have been collected from official web/mobile applications/websites of Respondent No. 4 to 13. The screenshots of the same are annexed in Annexure P1. The petitioners have also collected Information from several ministries/departments constituted under Respondent No.1 to 3 through RTI annexed in Annexure P2. Copies of applicable laws are annexed in Annexure P3. 5. Naturo and extent of injury caused/approhended: 5.1 That, the Respondent No. 1 to 3 has failed to frame laws and regulations, Respondent No. 4 to 13 have failed to follow the laws of the state and stream unregulated, uncensored, uncertified, sexually explicit, vulgar, profane, obscene and legally restricted content jeopardizes the moral character of the state as well. 5.2 That, the content streamed by Respondent No. 4 to 13 is violative of the fundamental right to live with dignity as enshrined under Art 21 of Indian Constitution of women. 5.3 That, there is no regulatory authority to keep a check on streamed by Respondent No. 4 to 13. Due to absence or any restrictions or regulatory authority, companies/individuals are free to portray any kind or sexually explicit, vulgar, profane. obscene and legally restricted content which is easily accessible by public at large. 5.4 That, due to lack of technological resources, the streaming of such content has no bar/check for the people accessing it. Thus. children who have not attained the age of majority are exposed to such adult content at tender age. 5.5 That, According to Information Technology (Intermediaries guidelines) Rules, 2011, intermediaries while hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information shall keep in view that it is not obscene, pornographic, ethnically objectionable or otherwise unlawful In any manner and shall also not harm minors in any way; and the content streamed by Respondent No. 4 to 13 is violative of this. 5.6 That, in the era of 21•1 century, where internet is easily accessible and available to each and every citizen of the country and due to absence of proper sex education; wrong information and knowledge is being delivered. This is one of the primary sources or development of criminal psychology which further results in several types of crime against women. 6. Declaration: No proceeding on the same subject matter has been previously Instituted In any Court, authority or tribunal.
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