Ernakulam: Violence in visual media, including films, has an undesirable effect on people, the Kerala High Court observed on Tuesday while emphasising the need to carefully determine the extent of such content, balancing it with the fundamental right to freedom of speech and expression.

“Violence in visual media can have an undesirable effect on people because you glorify this violence. On the other hand, you have the freedom of speech and expression. So to what extent will you go? It will again depend on what is public morality, what is constitutional morality. These are all areas which you cannot gloss over. You need to see the development of the law and what society considers to be immoral or moral. So is glorifying of violence desirable or is it just them telling us that this is what is happening in society today," said Justice A K Jayasankaran Nambiar and Justice C S Sudha.

The court made the remarks while considering matters related to sexual harassment in the Malayalam movie industry following the publication of the Hema Committee report. A Special Investigation Team (SIT) was earlier constituted by the State to probe the complaints made by alleged victims.

The court clarified that if a victim receives a notice from the SIT, they cannot be compelled to give statements to the investigating team. They can choose not to get involved in the criminal prosecution. It also clarified that the recent Supreme Court order did not compel any witness to give statements before any investigating officer.

However, the court said that it is the courtesy of the individual to respond to the investigation team stating that they are not interested in proceeding with the issue. “Any notice issued by any legal authority, the basic courtesy expected of a citizenry is to reply to it. They need not appear in person if they have some difficulty, it can be through counsel”, the Court observed.

The Court however said that if any person complains of being harassed or compelled by the SIT, then they can approach the High Court.

(With inputs from LiveLaw)