New Delhi: The Supreme Court of India on Monday directed five social media influencers, including India’s Got Latent host Samay Raina, to issue a public apology for making derogatory remarks about persons with disabilities.

The court held that freedom of speech and expression does not extend to commercial content that offends or harms the dignity of others.

The apex court observed that mocking individuals with disabilities under the guise of humour or commercial content is unacceptable, and warned that penalties would be considered against the influencers, including Raina, for their actions.

The court stressed that social media regulations should not be a knee-jerk reaction, but must be developed through comprehensive guidelines incorporating the views of all stakeholders.

As per reports by LiveLaw, the counsel representing the influencers gave an undertaking that each of them would publicly apologise on their YouTube channels and podcasts, and file affidavits confirming compliance. The bench, comprising Justices Surya Kant and Joymalya Bagchi, said the personal appearance of the influencers was not required at this stage, provided they honoured their commitment.

The bench further noted that the issue of penalties or costs would be decided at a later stage.

“Rights must be balanced with duties,” says Justice Kant

During the proceedings, Justice Surya Kant remarked, “There should be a balance between rights and duties.” The court emphasised that while the right to free speech is protected under Article 19 of the Constitution, it cannot override Article 21, which guarantees the right to life and dignity.

In a previous hearing on 15 July, the court asked Attorney General R Venkataramani to draft guidelines for responsible social media use, balancing the rights of free expression with the protection of individuals' dignity. Justice Kant stated, “Article 19 cannot overpower Article 21... If there is a race between them, Article 21 must prevail.”

He also highlighted the need to create a lasting legal framework: “We must ensure that not a single word is misused by anyone. A structure must be in place to ensure that the dignity of every individual is safeguarded.”

Background

The matter arose from a petition filed by the Cure SMA Foundation of India, an NGO advocating for people with spinal muscular atrophy and other disabilities. The court had earlier warned that mocking the disabled cannot be shielded under the defence of free speech, describing the influencers’ comments as both “damaging” and “demoralising.”

Samay Raina and fellow influencer Ranveer Allahbadia (also known as BeerBiceps) had been booked by the police in Maharashtra and Assam over the controversy. The court previously granted Allahbadia interim protection from arrest, but condemned his remarks as “vulgar” and evidence of a “dirty mind that brings shame to society.”