Govt blocks 25 OTT platforms for streaming obscene, vulgar content
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New Indian Express
19 minutes ago
- New Indian Express
Kerala HC stays FIR proceedings against actor Swetha Menon; questions procedure in obscenity case
KOCHI: Expressing doubts about the procedural correctness of the lower court, the Kerala High Court on Thursday stayed further proceedings in the FIR registered against actor Swetha Menon for allegedly making financial gains through her roles in movies featuring vulgar and obscene content. 'I find prima facie substance in the contention of the counsel for the petitioner that before forwarding the complaint for investigation under Section 175(3) of BNSS, the requirements therein, of calling for a report from the police and making enquiry, ought to have been complied with. Considering the short duration between filing and forwarding of the complaint to the police, it appears that no such procedure was followed,' said Justice V G Arun. He also directed the Registry to call for a report from the Chief Judicial Magistrate Court, Ernakulam, regarding the procedure adopted before forwarding the complaint to the police for investigation. The court issued the order on a petition filed by Swetha Menon seeking to quash the FIR based on a complaint filed by Martin Menacherry, of Ernakulam. Swetha Menon is a candidate in the upcoming election for president of AMMA (Association of Malayalam Movie Artists) to be held on August 15. The FIR charges offences under Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956, and Section 67(A) (Publishing or transmitting material containing sexually explicit acts) of the Information Technology Act, 2000. Advocates Unni Sebastian Kappen and M Revikrishnan, representing Swetha Menon before the High Court, submitted that the case is an abuse of the process of the court, as the allegations are ex facie absurd and improbable. The prosecution alleged that the accused, to secure monetary gain, appeared in several films and advertisements that contain obscene visuals. The complainant, Martin Menacherry, claimed that the visuals of the accused in these films and advertisements, which are available in public domain, are obscene and vulgar. By appearing in such advertisements and acting in films, the accused allegedly gained financial benefits. The complainant also alleged that the actor appeared in a vulgar manner by acting in a condom advertisement years ago and by acting in films like Paleri Manikyam, Rathinirvedham, Kalimannu, and more. The complainant further alleged that by searching the Internet, one could find photos of the accused, which, according to him, are obscene. The petition by Swetha described the complaint as unfounded, baseless, and absurd, pointing out that the allegation that the accused is securing financial gain by running pornographic websites is made without an iota of material to prima facie justify such a claim. The films in which the petitioner appeared are all duly censored and certified, and have been available in public domain for several years. It is crucial to note that the character portrayed by the petitioner in the movie Paleri Manikyam, which the complainant claims is obscene, earned her a Kerala State Award for Best Actress, stated the petition.
Time of India
4 hours ago
- Time of India
Bombay high court upholds entertainment duty on online ticket booking convenience fees
Mumbai: In a boost to the state, Bombay High Court on Wednesday upheld the constitutional validity and reasonableness of a 2014 amendment to the Maharashtra Entertainments Duty Act. This amendment empowered a levy of entertainment duty on convenience fees exceeding Rs 10 by online ticketing platforms and movie theatres for virtual booking. HC dismissed two petitions filed around a decade ago challenging the state's move. An interim stay on the levy, though, will continue for another four weeks, HC said, to enable an appeal. The HC division bench of Justices M S Sonak and Jitendra Jain held the argument that the state lacks the power to levy entertainment duty on the activity of providing convenience through online ticket booking is based on the incorrect assumption that online ticket booking constitutes a separate business activity. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Under the Maharashtra Entertainments Duty (MED) Act, duty is levied on admission to the entertainment venue—a cinema, theatre, matches, amusement parks, among others—and for calculating the duty, one of the measures of tax to be included is the amount charged as convenience fees. After a detailed analysis of the law, Justice Jain, authoring the judgment, said the "petitioners are not justified in claiming that the activity of online ticket booking is a separate activity intended to be taxed under'' a list covered by the Centre. HC said if the individual purchases a ticket online, the charges paid as "convenience fees" would be regarded as a condition for attending the entertainment, and thus, these would fall within the scope of the measure of tax. One petition was filed by FICCI-Multiplex Association of India, based in Delhi, and its Pune-based secretary D D Chaphalkar, and the other by Big Tree Entertainment and its director Rajesh Balpande in Mumbai to challenge the validity of the state's move to levy and collect entertainment duty on convenience fees for the provision of online ticket booking. The state issued the GR on Dec 29, 2014. By the amendment, it inserted a provision to the MED Act to exclude taxing of convenience fees up to Rs 10 either by multiplex owners or online, provided data is submitted before the seventh day of every succeeding month; but any amount of Rs 10 or more will be considered as admission fee and suitably taxed. The state said the use of modern technology enabled and led to high demand for online booking for various entertainment, with service providers charging an "exorbitant amount per ticket as internet handling fee or convenience charge for online ticket booking service, which resulted in undue financial exploitation of persons admitted to such entertainments.'' The entertainment duty levy proposed in 2014 was to "curb this exploitation,'' the state submitted. The multiplex owners questioned the state's legislative competence to impose such a levy on the service fee. They said the state wrongly transgressed to invoke the Centre's power. The activity of rendering a service is taxed by the Centre, while the entertainment activity is taxed by the State on the basis of admission cost. HC also noted that the MED Act provides that entry is not permitted without a valid ticket, and thus petitioners cannot argue that only the amount paid for the ticket should be considered the payment for admission, which is the basis for the duty payable. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and s ilver prices in your area.
Time of India
8 hours ago
- Time of India
Man arrested for bid to defame director Menon
Kochi: A 46-year-old man was arrested by Kochi city cybercrime police for allegedly attempting to defame and extort actor-director Balachandra Menon on Thursday early morning. The arrested person has been identified as Sangeeth Luis, 46, of Kollam. The case pertains to the incident which occurred last Sept. He was declared an offender under Kaapa and moved to preventive detention in 2023, police said. Actor Minnu Muneer, 45, another accused in the case, surrendered before police on June 30, 2025, and her arrest was recorded. She surrendered after her anticipatory bail plea was dismissed and was released on bail as per HC direction. The case was registered on Oct 2, 2024. The accused were booked under BNS Section 351(2) (criminal intimidation), Section 67 (publishing or transmitting obscene material in electronic form) of IT Act and Kerala Police Act 120 (o) (causing, through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, email or through a messenger). TNN Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and s ilver prices in your area.
