SC Schools Samay Raina For Mocking The Disabled In Show; Seeks Apology

The Supreme Court on Monday directed five social media influencers, including 'India's Got Latent' host Samay Raina, to issue a public apology for mocking people with disabilities. The apex court observed that freedom of speech and expression can't apply to commercial speech that hurts the sentiments of the other community.

SC Schools Samay Raina For Mocking The Disabled In Show:

The court asked the Centre to frame guidelines for social media to curb speeches that offend or ridicule disabled, women, children, and senior citizens. The top court also said that it will impose penalties on the social media influencers, including Raina, for targeting persons with disabilities.

The Top Court Directs Influencers To Apologize:

Guidelines for social media regulations shouldn't be a knee-jerk reaction but based on broad parameters having views of all stakeholders, the SC observed, as reported by PTI. According to LiveLaw, counsel for the respondents undertook that each of them would display an apology on their YouTube channels and podcasts and also file affidavits confirming compliance. The court said their personal appearance was dispensed with for now, provided they adhered to this undertaking.

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"They are Commercializing Speech..."

"Humor is well taken and is a part of life. We laugh at ourselves. But when we start laughing at others and create a breach of sensibility...on a community plane, when humor is generated, it becomes problematic. And this is what the so-called influencers of today should bear in mind. They are commercializing speech. The community at large should not be utilized to hurt the sentiments of certain sections. It's not only freedom of speech, but also commercial speech," the bench said, as quoted by LiveLaw.

The bench of Justices Surya Kant and Joymalya Bagchi also said the question of penalty or costs would be decided later. During the hearing, Justice Kant remarked, “There should be a balance of rights and duties”.

About the Petition:

The petition was filed by the NGO Cure SMA Foundation of India. The court previously warned that mocking the disabled cannot be allowed under the guise of free speech and termed the influencers' actions “damaging” and “demoralising.”

Raina, along with podcaster Ranveer Allahbadia, was booked by the Maharashtra and Assam police. The court earlier granted Allahbadia interim protection from arrest, calling his remarks “vulgar” and evidence of a “dirty mind which put society to shame.”