Saturéay, July 20,2022 [ONLINE — SCCOnine wed Eaton: Mp: seconine.com True Print” “TrusPrat™ source: ILR (Karnataka), © 2022 Kamat 4630 _ INDIAN LAW REPORTS 2019 KARNATAKA SERIES TLR 2019 KAR 4630 ABHAY S. OKA, CJ AND MOHAMMAD NAWAZ, J Mr. Padmanabh Shankar vs. Union of India, rep-by its Secretary, Ministry of Information & Broadcasting, New Delhi and Others? CINEMATOGRAPH ACT, 1952 (for short.‘the said Act of 1952") - CLAUSE (c) OF SECTION’ 2> Definition of *Cinematograph’ ~ Whether the transmission or broaiicast of any films, cinemas or serials and other multimédia contént through the internet will come within the defi ‘cinematograph’ under Clause (c) of Section:2'of the said Act of 1952? — Applicability of the provisions, of the ‘said Act of 1952° to filsiisycinema, serials-etc., which are transmitted or broadeastéd through thé internet - HELD, on of ion or broadcasting of. any films, cinemas, serials etc.;;through the internet-will not come within, the purview sf Clause (c) of Se¢tioi,2 of the said Act of 1952. \ (Para 12) The transmis FURTHER HELD, (a) Part II of the said Act ‘of 1952 deals with certification of ‘films and the principles for guidance in certifying films. “WP. No. 6050/2019 (© f, Dated: 7 lay of August, 2019,rue Print SCC Online Web Eaton, ©2022 EBC Publishing Pvt. Lid Page 12 Saturday, July 30,2022 Pnted For: Saksham Gaikwad, National Law University SCC Online Web Eston: tps sonkine com TruePrit™ source: ILR (Kamataka), © 2022 Kamataka High Cour, Mr. Padimanabh Shankar vs. U.OLL. sep. by is Set 1k phy its Secy Ministry of Information & Broadcasting, New Delhi & Ors. ’ ‘the said Act of 1952. Therefore, the direction as epepagin the first || prayer cannot be granted. yO | gm, . i ‘The second prayer is virtually a ri Fe yer which could be granted only if the frst prayer cou be granted, Therofe, we are unable to grant both the mh Syvhich are pressed Bh Learned Counsel appearing for therpetit rok OR ee ~~ % i 13. As pointed out by some ofthe Fespondentgfgprabisions of the IT Act may take care of h@gbjectionable activity forhich the petitioner has objected to. . Adgilythe first twapiaiyerzare pressed into service, it is not negssar¥efr us to iio infos sheipther aspects. As far as the puidetepan onthe Copp RaPeeneion of Online Curated Content Peoviders are congernéd, we must note that the same do not create aily one sont of citizens and therefore, the sale, dipot prevent tHe State rom considering what safeguarasaiiyha regulations ysth Sa comers of law can be prov: ee as sepals the grievanée mai by the petitioner. Boy, Me? Sa. Iptre crcunsiongBanoush we are not inclined to grant ithe reliefs’ "#8 prayed for, weg ‘of the view that the concern expressed 3 53 a — 4 Reet ae Maa