Opinion | Ekta Kapoor Should Know There’s a Fine Line Between Artistic Freedom & Distasteful Content

On Friday, October 14, the Supreme Court came down heavily on producer Ekta Kapoor over “objectionable content” in her web series ‘XXX’, saying: “She was polluting the minds of the young generation”. The observation came when the highest court was hearing a petition filed by her challenging the arrest warrants issued for allegedly insulting soldiers and hurting the sentiments of their families in ‘XXX’ aired on her OTT platform ALTBalaji.

A bench of Justices Ajay Rastogi and CT Ravikumar said, “Something has to be done. You are polluting the minds of the young generation of this country. It is available to all. OTT content is available to all. What kind of choice are you providing to the people?… On the contrary, you are polluting the minds of youngsters.”

These remarks were made after senior advocate Mukul Rohatgi, who was representing Ekta Kapoor, stated that a petition had been filed with the Patna High Court, but there was no hope that the matter would be heard soon. He claimed that the Supreme Court had previously granted Ekta Kapoor protection in a similar case. According to him the content is subscription-based, and there is freedom of choice in this country.

The warrant was issued by a trial court in Begusarai in Bihar after an ex-serviceman, Shambhu Kumar, filed a complaint in 2020 claiming that the series ‘XXX’ (Season 2) contained several objectionable scenes involving a soldier’s wife.

Mukul Rohtagi, the counsel, had stated in the apex court that the matter against the arrest warrant is pending before the Patna High Court, but there is no hope that the matter will be listed soon.

The Supreme Court stopped short of imposing costs. “Every time you travel to this court… We don’t appreciate this. We will put a cost on you for filing such a petition. Mr Rohatgi, please convey this to your client. Just because you can afford and hire the services of good lawyers… This court is not for those who have voices.

“This court works for those who don’t have voices…if these people who have all kinds of facilities cannot get justice then think of the situation of this common man. We have seen the order and we have our reservations,” the bench observed.

While serials, movies and web series certainly influence the people who view them, they are also an integral part of that culture, and a product of prevailing concerns and attitudes. Hence the producers, directors and actors carry a weight of responsibility on their shoulders as their content has the ability to shape a viewer’s beliefs.

Just as they reflect the anxieties and values, they also help solidify beliefs. Sometimes the influence is trivial and sometimes it is not so. Recently, there has also been controversy regarding the portrayal of a soldier and disrespecting the Indian Army in Lal Singh Chaddha which had sparked a social media backlash.

There is no doubt that there is a fine line as far between ‘artistic freedom’, and producing distasteful content. In this case, there is no doubt that the content was objectionable and also disrespectful to a soldier, his family and the uniform, and a better sense of judgement should have prevailed at the time of filming and thereafter airing such content.

The action taken by the Supreme Court should no doubt result in a greater deal of diligence.

The author is an Army veteran. The views expressed in this article are those of the author and do not represent the stand of this publication.

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