Follow TNM’s WhatsApp channel for news updates and story links.
The Supreme Court on Monday, August 25, asked five comedians–Samay Raina, Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar–to publish apologies on their YouTube channels and other social media handles for making insensitive jokes about persons with disabilities (PwDs).
The court was hearing a petition by Cure SMA Foundation of India, which supports patients and families affected by spinal muscular atrophy.
"Whatever apology you have tendered. You go and tender that apology on your podcast, whatever channel. Display your unconditional apology there," the bench of Justices Surya Kant and Joymalya Bagchi said, according to Deccan Herald.
All the comedians were personally present before the court. The court sought to distinguish between freedom of speech and commercial speech and said that it will decide on the penalty/cost to be paid by the comedians at an appropriate stage.
"The degree of repentance should be higher than the degree of offending, it's like purging contempt", said Justice Kant, according to LiveLaw. The bench also allowed an impleadment application filed by the Ministry of Information and Broadcasting.
The court also asked the Union government to work on guidelines to regulate conduct on social media, including online shows like podcasts, in consultation with the National Broadcasters and Digital Association.
“When you are commercialising free speech, you should also bear in mind not to hurt the sentiments of certain sections of the society,” Justice Bagchi was quoted as saying by The Hindu.
Justice Kant said by making insensitive jokes about disabled persons, the constitutional objective of bringing them into the mainstream was “completely smashed”. He said guidelines must be framed in a way that violation would inevitably lead to specific consequences.
“Unless effective consequences are framed, people can zig-zag their way out of liability. Consequences must be proportionate to the harm done. They cannot be an empty formality,” Justice Kant said.
Justice Bagchi while acknowledging that humour was an irreplaceable part of life, he stressed that it should breach sensibilities. “We are a country of varied communities.”