New Delhi: The Supreme Court on Monday directed five social media influencers, including comedian and India’s Got Latent host Samay Raina, to issue unconditional apologies on their podcasts or shows for mocking people with disabilities and rare genetic disorders.
A Bench of Justices Surya Kant and Joymalya Bagchi said freedom of speech and expression does not extend to commercial speech that ridicules or hurts the sentiments of vulnerable communities. The Court noted that it will later consider imposing penalties on the influencers for their conduct.
The case concerns allegations that the influencers made derogatory remarks against persons with Spinal Muscular Atrophy (SMA) and visual impairments. While four of the accused appeared before the Court, Sonali Thakkar alias Sonali Aditya Desai was exempted from personal appearance on the condition that she broadcast her apology during her programme.
The Court expressed dissatisfaction with Raina’s affidavit of apology, observing that he initially attempted to justify his actions and portray himself as innocent. It stressed that unconditional apologies must be clear and sincere.
During the hearing, the Bench also asked Attorney General R. Venkataramani to ensure that the Centre frames broad guidelines for regulating social media content. These rules, the Court said, should not be reactionary but must incorporate the views of all stakeholders while safeguarding against offensive speech targeting women, children, senior citizens, and disabled persons.
On July 15, the Court had summoned the five influencers in response to a petition seeking action against them for ridiculing disabled individuals. The matter will be taken up further after the unconditional apologies are displayed and the Centre submits its progress on drafting guidelines.
