Today, On 25th August, Supreme Court slammed comedians over ‘insensitive jokes’ that allegedly hurt community sentiments, stressing limits on commercialised humour. The bench ordered them to issue public apologies on social media, stating clearly, “Freedom of Speech can’t apply just like that on commercial speech.”
New Delhi: The Supreme Court addressed the issue of commercial speech and its impact on community sentiments today, specifically calling out comedians Samay Raina and others for making jokes about individuals with disabilities.
A bench comprising Justice Surya Kant and Justice Joymalya Bagchi was reviewing a petition from the Cure SMA Foundation of India, which advocates for those affected by spinal muscular atrophy.
The petition highlighted jokes that demeaned people with disabilities.
The comics mentioned included Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar.
This case was associated with the controversies arising from India’s Got Latent, where YouTuber Ranveer Allahbadia faced charges.
Senior Advocate Aparajita Singh, representing the Foundation, remarked that “good sense has prevailed” and confirmed that all involved comedians had issued apologies.
The court criticized Samay Raina for a counter affidavit related to his apology, pointing out that,
“Respondent No 6 (Raina) tried to portray himself as very innocent and then apologised.”
Attorney General R Venkataramani, representing the Centre, mentioned that the government would need some time to establish guidelines for comedians and influencers, stating,
“There cannot be a complete gag.”
The bench emphasized that such guidelines should not be reactive to a single incident.
Justice Kant added,
“Future challenges have to be kept in mind. It has to be broad-based. We would like to have the opinion of domain experts also,”
When Senior Advocate Singh noted that the court had sent a strong message, Justice Kant responded,
“Apology is one thing… but is it required that a Foundation will have to come every time to Court for this? What if some individual is victimised?”
Justice Bagchi contributed that while humor is integral to life and can be self-directed, mocking others crosses a line of sensitivity.
He stated,
“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,”
Justice Kant remarked,
“There should be a balance of rights and duties.”
The lawyer for the comics stated,
“We have tendered an unconditional apology. The respondents are present as per last order.”
Samay Raina and the other comedians involved were present in court today.
The bench cautioned them about the possibility of penalties, saying,
“Today it’s about disabled, next time it can be women, senior citizens, children… where will this end?”
Senior Advocate Singh proposed that instead of penalizing the comics, they could contribute to initiatives supporting disability causes and patients with rare diseases.
She suggested, to which the comics agreed,
“Let them use their influence to take forward this issue. That would be the best apology,”
The court ordered that the comedians must publish an apology on their YouTube channels and report back regarding the penalties they are willing to accept.
Case Title: RANVEER GAUTAM ALLAHABADIA V UNION OF INDIA AND ORS, W.P.(Crl.) No. 83/2025