New Delhi: In a landmark ruling, the Supreme Court of India today took a firm stance against the burgeoning trend of ‘roast’ comedy that targets vulnerable communities, ordering five social media influencers, including popular comedian Samay Raina, to issue an unconditional apology. The directive comes after the influencers were accused of making deeply offensive jokes about people with disabilities and rare genetic disorders on their widely viewed shows and podcasts.
A bench comprising Justices Surya Kant and Joymalya Bagchi mandated that the apology must be made in a manner that is visible to the exact audience who consumed the original, derogatory content. This unprecedented order underscores the judiciary’s commitment to holding content creators accountable for the reach and impact of their words. The court, during the hearing, also delivered a stinging rebuke to Samay Raina, whose initial affidavit of apology was criticised for attempting to justify his remarks rather than express genuine remorse.
The bench’s observations were unequivocal, stating, “Freedom of expression cannot extend to commercial speech that humiliates or hurts communities.” This powerful statement serves as a clear warning to content creators, distinguishing between legitimate artistic expression and hate speech masquerading as comedy. In addition to the apology, the court has asked the Central government to draft comprehensive guidelines to regulate online content that targets and disparages disabled persons, women, children, and senior citizens. Attorney General R. Venkataramani was instructed to ensure the new framework is a well-thought-out, holistic response rather than a hurried reaction to a single case.
The case, which revolves around disparaging comments about individuals with spinal muscular atrophy (SMA) and visual impairments, saw four of the five accused influencers present in court. Only Sonali Thakkar was granted an exemption from a personal appearance after she committed to broadcasting her apology. As the legal proceedings move forward, the court will deliberate on the imposition of further penalties on the influencers, signalling a new era of accountability for online content creators in India. This ruling is poised to set a precedent, forcing a re-evaluation of what constitutes acceptable ‘roast’ comedy and commercial speech on digital platforms.
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