Supreme Court warns of penalty on Samay Raina, other influencers for mocking people with disabilities

Supreme Court: Penalty on Samay Raina, other influencers for mocking people with disabilities

The Supreme Court on Monday directed social media influencers, including Samay Raina, to display an apology on their podcast and programmes for ridiculing disabled persons.

The order comes in the wake of controversial remarks made by popular YouTuber Ranveer Allahbadia during an episode of 'India's Got Latent'. The bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing a petition by Cure SMA Foundation of India, which supports patients and families affected by spinal muscular atrophy.

"Right of freedom of speech and expression can't be applicable to commercial speech hurting sentiments of other community," he said.

“Apology you tendered before the court, give the same before your social media too,” a bench of Justices Surya Kant and Joymalya Bagchi told the comedians.

Besides Raina, the other persons named in the case are Vipul Goyal, Balraj Paramjit Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar.

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.

During the course of the hearing, Justice Bagchi observed that the influencers are “commercialising speech” and the community should not be utilised to hurt the sentiments of others.

“Humour 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 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, it’s commercial speech,” the judge said.

The counsel for the comedians informed the court that they have tendered an unconditional apology.

“Next time tell us how much penalty we should impose on you,” Justice Kant asked.

“We leave it to your lordships. It should go for the benefit of disabled groups,” the counsel said.

“Today it’s about the disabled, next time it can be women, senior citizens, children…where will this end?” said Justice Kant as quoted by News18.

Senior Advocate Aparajita Singh, appearing for the Foundation, said that the court has sent across a strong message.

“Good sense has prevailed (on the comedians), all have apologised. Your lordships have sent a strong message and it has gone home. They have apologized. My suggestion is let the comedians spread awareness about the issue. Let them use their influence to take this issue forward. That would be the best apology,” she said.

To this, counsel for comedians said that they would “carry out activities”.