The JMFC, Canacona, while releasing the actor involved in shooting a porn clip, said that the act of filming cannot be considered obscene just because the public says so. Further, films and videos are covered by the fundamental right to expression under our constitution. It appears the learned judge has erred. While in essence, what he said is true, all such video and film expressions must be approved by a censor board before being released to the public. In this case, such approval was not met. Further, all the posts are visible to even minors, whereas an approved film will X rate them and ban them from being viewed by minors. The perpetrators, being from the film industry, are well aware of these facts and therefore have wilfully committed the offence. This act, therefore, was very much relevant in the instance of bail application and not at trials. Trial application on whether the scene was obscene would arise only after the Censor Board released the same.
