The Delhi High Court on February 17 refused to immediately stop the streaming of the film Lady Chatterley’s Lover on an OTT platform, observing that the petitioner had not exhausted the statutory grievance mechanism available under law. Justice Purushaindra Kumar Kaurav disposed of the writ petition, granting the petitioner liberty to approach the appropriate self-regulatory body instead.
Background of the Case
The petition was filed by Raj Kumar, who appeared in person before the court. He sought directions against the continued publication and streaming of the film in India on the platform of Respondent No. 2.
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According to the plea, the petitioner had accessed the film at his residence. He claimed that the content was inadvertently exposed to his family members, including minor children. This, he argued, caused mental distress and amounted to an intrusion into his right to privacy, dignity, and peaceful enjoyment of home under Article 21 of the Constitution.
The petitioner contended that the movie contained “excessively graphic sexual scenes, frontal nudity, and explicit acts.” He submitted that, taken together, the scenes were obscene and crossed the limits permitted under Indian law.
Arguments Before the Court
During the hearing, counsel for the OTT platform informed the court that the petitioner had already submitted complaints to various authorities. However, the statutory three-tier self-regulation mechanism under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 had not been fully invoked by him.
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The respondent’s counsel fairly pointed out that although the Bombay High Court had stayed certain aspects of the three-tier mechanism in a separate case, OTT platforms were still adhering to the grievance redressal framework.
He further informed the court that by a communication dated November 22, 2025, the platform had already responded to the petitioner’s objections. The reply stated that the film did not violate the IT Rules, 2021 or any other applicable law. It was also conveyed that if the petitioner remained dissatisfied, he could approach the Grievance Redressal Board of the Digital Publishers Content Grievance Council, which functions at the second tier of the mechanism.
The court was told that the Council is fully functional and is chaired by a former judge of the Supreme Court.
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Court’s Observation
After hearing both sides, Justice Kaurav recorded the statement made on behalf of the respondent. The court noted that an effective alternative remedy was available to the petitioner under the grievance redressal framework.
The bench observed that if the petitioner chose to approach the concerned Council, “there is no doubt that his grievance could be taken to its logical conclusion”.
The judge made it clear that the court was not expressing any opinion on the merits of the allegations regarding obscenity or violation of law at this stage.
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Decision
In view of the availability of the grievance redressal mechanism, the High Court granted liberty to the petitioner to approach the concerned Council. With this observation, the writ petition was disposed of on February 17, 2026.
Case Title: Raj Kumar v. Union of India & Anr.
Case No.: W.P.(C) 2271/2026
Decision Date: February 17, 2026
