SC Orders Samay Raina & Other Influencers to Publicly Apologize for Mocking Persons with Disabilities

The Supreme Court has tasked Attorney General R. Venkataramani with aiding in the creation of guidelines to manage offensive content on social media, especially targeting vulnerable groups like persons with disabilities, women, children, and the elderly. "Guidelines for social media regulations shouldn't be knee jerk reaction but based on broad parameters having views of all stakeholders," stated the court.

Justice Kant emphasized the need for accountability, noting that while the current focus is on disabled individuals, future concerns could involve women, children, and senior citizens. The government is working on these guidelines but has ruled out any immediate restrictions. Justice Kant mentioned that draft guidelines would be shared publicly for feedback from all involved parties.

Social Media Influencers Under Scrutiny

Previously, the court issued notices to five influencers: Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar. Except for Sonali Thakkar alias Sonali Aditya Desai, all were present in court. Justice Bagchi advised influencers to exercise caution when creating content about different communities.

Senior advocate Aprajita Singh represented NGO Cure SMA Foundation of India in seeking action against influencers for derogatory remarks about disabled individuals. She noted that the influencers had offered an unconditional apology. Singh highlighted that this issue extends beyond influencers and is covered by Information Technology Rules and the Cinematograph Act.

Legal Actions and Recommendations

The case was initially brought to court on July 15 after public outrage over comments made by these influencers. Samay Raina faced charges from Maharashtra and Assam police due to derogatory remarks on his YouTube show "India's Got Latent," alongside podcaster Ranveer Allahbadia.

On February 18, interim protection from arrest was granted to Allahbadia by the top court despite describing his comments as "vulgar" and indicative of a "dirty mind." Other comics named in Assam include Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija.

Justice Kant suggested proportionate penal actions under existing rules for harm caused to people's dignity. Meanwhile, Singh proposed that influencers use their platforms to raise awareness about rare genetic disorders and disabilities.

The ongoing discussions aim to establish comprehensive guidelines ensuring social media platforms are accountable while respecting freedom of expression. The involvement of various stakeholders will help shape effective regulations addressing offensive content online.