New Delhi

The Supreme Court today ordered YouTubers and comedians Samay Raina and Ranveer Allahbadia to publicly apologise for mocking people with disabilities and also sought to impose a fine on them.

Justice Suryakant said, angrily, ‘This is not freedom of speech. You cannot hurt the sentiment of others."

"The apology you gave in court, now post the same on your social media too."

SC has also asked the government to frame guidelines for Social Media influencers and Comedians.

In its petition against Samay Raina and others, the Cure SMA India Foundation had accused Samay Raina and four other stand-up comedians of mocking a person with disability and making dismissive comments about the challenges faced by individuals requiring high-cost treatment for Spinal Muscular Atrophy (‘SMA’).

Samay Raina’s popular comedy show India Got Latent was taken off YouTube following a police complaint

The Supreme Court remarked that the judges could take a joke, but influencers cannot hurt community sentiments in a country as diverse as India.

The Bench of Justices Surya Kant and J Bagchi was hearing a batch of petitions related to comedians and podcasters who have landed in troubled waters over their online conduct.

"Humour is part of life and we can take jokes on us. But when you start making fun of others...there is breach of sensitivity. India is a diverse country with so many communities and these are so called influencers of today. When you are commercialising speech, you cannot use a community and hurt their sentiments," Justice Bagchi said.

"It's not just freedom of speech but the question is of commercial speech. There are cases of classical, commercial or free speech. When we talk of commercial speech then there is no freedom there. This has been dealt in the Amish Devgan case," the judge added.

The Court had earlier called for regulatory measures to ensure implementation of "reasonable restrictions" on the right to freedom of speech and expression under Article 19(2) of the Constitution.

Today, Attorney General for India R Venkataramani said that there cannot be a complete gag. However, the Court said that the guidelines are for the future, adding, "It cannot be a reaction to a some incident. Policy is for future challenges. That's why we said even if you have some policy regime...we will get some answers from experts as well."

The Court then granted time to the Central government to place on record the guidelines.

"Such guidelines shall be drafted with consultation by NBSA. The suggestions and viewpoints of all stakeholders shall be taken. The guidelines shall not be a knee-jerk reaction to any incident, but shall be wide enough to cater to future challenges," it said in the order.

The matter will be taken up for hearing in November.

The Court was hearing a plea filed by YouTuber and podcaster Ranveer Allahbadia, also known as BeerBiceps, in relation to the alleged obscene remarks made by him during an episode of Samay Raina's India's Got Latent.

Along with Allahbadia's plea, the petition moved by Cure SMA India Foundation, accusing Raina of insensitive remarks over the high-cost treatment for Spinal Muscular Atrophy, was also listed. Raina is also alleged to have ridiculed a person with disability.

The petition has also sought regulations for the broadcast of such online content in violation of the right to life and dignity of persons with disabilities.

The Court asked about the penalty to be imposed on Raina and other comedians.

"Today, it is disabled, tomorrow something else. How will society be affected...where will all this end?" Justice Kant said.

Senior Advocate Aparajita Singh, appearing for Cure SMA India Foundation, submitted, "What these influencers say matters. So these influencers can use their medium and take forward this issue and espouse the cause."

Justice Kant added that the apologies tendered to the Court can also be published on their online channels.

In the order, the Court recorded that Raina and others shall tender an unconditional apology on YouTube and other channels. They have also been asked to file affidavits in response to Singh's suggestion.

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