NEW DELHI, Aug 25 — The Supreme Court on Monday directed five social media influencers, including “India’s Got Latent” host Samay Raina, to issue an unconditional apology on their podcast or show for mocking persons with disabilities and rare genetic disorders.
A Bench comprising Justices Surya Kant and Joymalya Bagchi emphasized that freedom of speech and expression does not extend to commercial speech that hurts the sentiments of vulnerable communities. “Speech cannot be used as a shield for ridiculing persons with disabilities,” the court observed.
The influencers are accused of making fun of individuals with Spinal Muscular Atrophy (SMA) and visual impairments. Except for Sonali Thakkar, also known as Sonali Aditya Desai, who was exempted from physically appearing in court on the condition that her apology would be aired, the others were present during proceedings.
The Bench indicated that it may consider imposing a penalty on Raina and others for offending disabled persons at a later stage. During the hearing, the court pulled up Raina for his affidavit, noting that he initially tried to defend himself and appear innocent.
Attorney General R Venkataramani was told that any social media guidelines framed by the Centre should not be a knee-jerk reaction to a single incident but should be based on broad parameters, incorporating the views of all stakeholders.
The matter traces back to July 15, when the Supreme Court had summoned the influencers in a case seeking action against them for ridiculing people with disabilities. The top court’s directions highlight the growing scrutiny on content that targets marginalized communities online.
