The top court also asked influencers to file an affidavit detailing the steps they can take to use their platforms to raise awareness about the rights of persons with disabilities.
The Supreme Court on Monday asked five comedians – Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar – to publicly apologise for making insensitive jokes mocking persons with disabilities (PwDs) and warned that financial penalties may be imposed for their remarks during an episode of ‘India’s Got Latent’. The top court’s order came based on a plea filed by the Cure SMA Foundation, which accused the comedians of mocking persons with disabilities.
The top court also asked influencers to file an affidavit detailing the steps they can take to use their platforms to raise awareness about the rights of persons with disabilities. “Influencers of today should realise that commercialising speech comes with responsibility. The community at large should not be used to hurt certain sections of society,” the court observed.
The bench directed the Ministry of Information and Broadcasting to prepare comprehensive guidelines for the language to be used on social media platforms, aimed at protecting the dignity of all persons, including those with disabilities.
The court emphasised that these guidelines should not be a knee-jerk reaction to a single incident but must be broad-based, taking into account challenges posed by technological advancements. The Ministry has been asked to consult the News Broadcasters and Digital Association (NBDSA) and other stakeholders while framing the rules.
Comedian Samay Raina has been accused of mocking persons with disabilities .A complaint filed against him accuses him of ridiculing the treatment of patients suffering from Spinal Muscular Atrophy (SMA) in two of his videos, and making insensitive remarks about blind and cross-eyed individuals.
The Cure SMA Foundation, which filed the application, sought to intervene in the case and urged the court to include specific protections for persons with disabilities under the proposed regulatory framework for online content.
According to the Foundation, such clips are just “a drop in the bucket”, highlighting a larger trend where persons with disabilities are made objects of “derision, pity, or public entertainment.” One of the videos reportedly included comments on a two-month-old SMA patient who required a life-saving injection worth Rs 16 crore.
The top court said that while Samay Raina apologised for his remarks, he initially tried to defend himself.
Ranveer Allahbadia and other comedians or content creators involved in similar controversies have been asked to post apologies on their podcasts and YouTube channels.
They must also submit affidavits explaining how they plan to leverage their social media influence to educate followers about disability rights. The Supreme Court clarified that the issue of the exact penalty on the influencers would be considered at a later stage, and that influencers will not be required to appear in court for every hearing going forward.
During the hearing, Attorney General KK Venugopal noted that social media allow creators to feed on their own freedom, often prioritising followers and engagement over ethical considerations. Justice J Bagchi observed that such content constitutes commercial speech, which does not enjoy the same fundamental rights protections as free speech
“In the overlap of commercial speech and prohibited speech, you do not have the fundamental right to speak freely,” he said. The court recognised that while existing regulations under the Cinematograph Act and IT Rules attempt self-regulation, the language used is often too generic.
Justice Suryakant stressed the need for specific consequences, warning that otherwise content creators will continue using offensive language with impunity. “Punishment has to be proportional to the damage caused,” he said.
The bench also highlighted the wider implications of unchecked offensive content. “Today we have an unfortunate incident involving insult to disabled persons; tomorrow it could be women, senior citizens, or other vulnerable groups. Anybody could say anything. Where will society end?” Justice Suryakant remarked.
Counsel for the NBDSA clarified that while the board has successfully handled over 4,000 complaints against print and electronic media, online influencers and podcasters remain largely unregulated. The Supreme Court suggested that NBDSA and similar expert bodies could assist the Ministry in framing enforcement mechanisms for social media platforms.
The Supreme Court has made it clear that online platforms, including YouTube, may also be held accountable if they host content that violates the dignity of persons with disabilities. The Ministry of I&B has been tasked with setting up both guidelines and a punishment mechanism to ensure accountability.
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