SC directs social media influencers to publicly apologise for mocking disabled persons

The Supreme Court on August 25 ordered five social media influencers, including comedian and India’s Got Latent host Samay Raina, to issue an unconditional apology on their shows or podcasts after they were accused of ridiculing people with disabilities and rare genetic disorders.

A bench of Justices Surya Kant and Joymalya Bagchi said the apology must be visible to the same audiences who watched the offensive content. The judges also asked the Centre to draft clear guidelines to regulate online speech that targets disabled persons, women, children and senior citizens.

“Freedom of expression cannot extend to commercial speech that humiliates or hurts communities,” the bench observed, while indicating that penalties could follow against those involved, including Raina.

The five influencers are accused of making derogatory remarks about persons with spinal muscular atrophy (SMA) and those with visual impairments. Except for Sonali Thakkar, who was exempted from appearing in person after promising to air her apology, all others were present in court.

The court also criticised Raina’s affidavit of apology, noting he initially attempted to justify his actions before claiming remorse.

Attorney General R Venkataramani was told that any new framework for regulating social media should be comprehensive and not a “knee-jerk reaction” to a single case.

The matter will be heard further as the court considers imposing penalties on the influencers.