The Supreme Court of India has directed five comedians, including popular YouTube personality Samay Raina, to publicly apologise on their social media platforms for making insensitive and offensive jokes about persons with disabilities (PwDs). A bench led by Justices Surya Kant and Joymalya Bagchi emphasised that freedom of speech does not shield content that mocks vulnerable communities.
The court warned that penalties may be imposed if similar content continues and called on the Centre to formulate comprehensive guidelines to regulate such speech on social media. The comedians have already tendered unconditional apologies in court but must also display these publicly online.
Court’s Strong Condemnation and Directive for Public Apology
The Supreme Court was hearing a petition filed by the SMA Cure Foundation, represented by Senior Advocate Aparajita Singh, which flagged jokes made by Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (also known as Sonali Aditya Desai), and Nishant Jagdish Tanwar. The court underscored that humour is a universal part of life but becomes unacceptable and harmful when it ridicules others, especially marginalised communities such as persons with disabilities.
Justice Joymalya Bagchi said, “Humour is well taken. But when you start laughing at others and create a breach of sensibility, that is problematic.” The bench expressed concern over social media ‘influencers’ commercialising speech for profit at the expense of dignity and respect. The court instructed the comedians to upload video apologies on their YouTube channels and other social media, reflecting the repentance expressed in court, warning that failure to do so would result in coercive action.
India’s Got Latent Controversy and Petitions
Ranveer Allahabadia and Ashish Chanchlani became embroiled in legal trouble after clips from the show “India’s Got Latent,” hosted by Samay Raina, went viral featuring obscene sexual remarks. Multiple FIRs were lodged across states like Maharashtra, Assam, and Rajasthan, alleging promotion of obscenity. Both Allahabadia and Chanchlani petitioned the Supreme Court for clubbing and quashing of these FIRs.
Allahabadia was granted interim protection from arrest, and the court directed him to deposit his passport while restricting travel without permission. The court sternly criticised Allahabadia’s language, calling it perverted and potentially shameful for society. The Supreme Court has also restricted airing further episodes of the show pending further orders.
Guidelines, Penalties, and Constitutional Balancing
Attorney General R. Venkataramani informed the court that the Ministry of Information and Broadcasting is drafting broad guidelines to regulate offensive content on digital platforms, ensuring they protect dignity without imposing a blanket restriction on free speech. The court reminded that freedom of speech guaranteed by Article 19 is not absolute and cannot override the right to dignity under Article 21 of the Indian Constitution.
Justice Surya Kant stated that future penalties might be imposed for acts that offend marginalised groups and questioned how society will be impacted if such ridicule continues unchecked. The court tasked the comedians with demonstrating on social media how they will use their platforms to raise awareness about disability rights, thus converting entertainment reach into advocacy.
The Logical Indian’s Perspective
The Logical Indian applauds the Supreme Court’s firm stance emphasizing that freedom of expression is inseparable from responsibility and respect for the dignity of all individuals, particularly marginalised and vulnerable groups.
Comedy and content creation wield tremendous influence and must be tempered with empathy and social consciousness. The Logical Indian urges influencers and creators to use their platforms to promote inclusivity, understanding, and positive societal values.
