SC directs comedians to issue public apologies for ‘ridiculing’ person with disability

The Supreme Court of India has directed five stand-up comedians, including Samay Raina, to publish formal apologies on their YouTube channels and social media platforms for making derogatory remarks about persons with disabilities (PwDs), Live Law reported.

A bench comprising Justices Surya Kant and Joymalya Bagchi was hearing a plea filed by the SMA Cure Foundation, represented by senior advocate Aparajita Singh, which highlighted offensive jokes made by comedians Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (also known as Sonali Aditya Desai) and Nishant Jagdish Tanwar. The petitioners also sought guidelines to prevent the lampooning of individuals with disabilities.

During the hearing, the court observed that while humour is integral to life, it cannot come at the expense of dignity. “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, it becomes problematic,” Justice Bagchi remarked. He added that “influencers” today must recognise that they are “commercialising speech” and should not exploit communities for content.

Justice Kant stressed that repentance should outweigh the offence. “The degree of repentance should be higher than the degree of offending, it's like purging contempt,” he said, suggesting that the comedians also use their platforms to raise awareness on disability rights. The bench indicated that it would determine an appropriate penalty at the next hearing and observed that proportionate penal consequences under the IT Act should also be considered.

The comedians were present in court but were exempted from future personal appearances. According to Live Law, Attorney General R Venkataramani, assisting the bench, stated that draft guidelines are being prepared but cautioned that there could not be a “complete gag” on humour.

Senior advocate Aparajita Singh told the bench that the comedians had apologised, remarking that “better sense has prevailed.” However, the court maintained that free speech under Article 19 cannot override the right to dignity under Article 21 of the Constitution.

The bench is simultaneously dealing with connected cases involving YouTubers Ranveer Allahabadia and Ashish Chanchlani, who sought to club multiple FIRs lodged against them in the India’s Got Latent controversy. Interim protections have been granted to both.

The matter will be heard further, with the apex court expected to examine both penalties for the comedians and draft guidelines on responsible online speech.