The Supreme Court on Monday rapped social media influencer Ranveer Allahabadia while hearing applications seeking respect for the dignity of disabled persons and alleged insensitive remarks against them during an episode of Samay Raina's India's Got Latent show, Bar and Bench reported.
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 Bench of Justices Surya Kant and Joymalya Bagchi was hearing the batch of petitions related to comedians and podcasters who have come under the scanner for their conduct during the YouTube show.
Attorney General for India R Venkataramani told the court that the meeting of all the stakeholders were called and mentioned about the affidavit on apology in the matter.
Senior Advocate Aparajita Singh, appearing for Cure SMA India Foundation, said that all the respondents in the case have apologised.
Justice Kant, while hearing Allahabadia’s application said, “Respondent No 6 tried to portray himself as very innocent and then apologised.”
He then further asked Attorney General Venkataramani if the Central government is contemplating some guidelines on the issue.
The apex court had previously 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.
Venkataramani said that there cannot be a complete gag, meaning guidelines to that effect “shall be difficult” to issue, adding that they are being examined.
However, Justice Kant said that the guidelines are for the future, adding, ‘It cannot be a reaction to 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 top court has granted time to the Central government to place on record the guidelines.
Justice Joymalya Bagchi noted that 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,” he said
Lamenting at the commercialisation of speech that hurt sentiments, he said, “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.”
‘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 with in the Amish Devgan case,” he said.
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