The Supreme Court of India has taken a tough stand against insensitive content on social media. On Monday, the apex court directed five influencers, including popular comedian and “India’s Got Latent” host Samay Raina, to tender an unconditional public apology for what they said during their podcasts or shows. These influencers are accused of mocking persons with disabilities and those suffering from rare genetic disorders such as spinal muscular atrophy (SMA) and visual impairment.
Commercial speech not protected under fundamental rights
A bench of Justices Surya Kant and Joymalya Bagchi clarified that commercial and prohibited speech does not fall under the ambit of fundamental rights. The court emphasised that when content creators cross the line of decency, the law will step in to protect the dignity of marginalised communities.
Justice Kant further emphasised that the degree of remorse must be greater than the degree of offence. Comparing it to “contempt prevention”, the bench said that an apology is only the first step, and the influencers may also face monetary penalties.
Penalties can be used to fund treatment of rare genetic disorders
The Supreme Court hinted at imposing fines on influencers, which could be used to fund treatment of patients suffering from rare genetic disorders, such as SMA. The bench asked the influencers to state how much they are willing to pay, making it clear that the penalty will not be limited to just apologies.
Court warns on responsible humour
During the hearing, Justice Joymalya Bagchi emphasised the need for sensitivity while creating comedy content. He remarked that influencers and comedians should be more careful while targeting vulnerable groups, as humour should never promote “racism in society”.
The statement comes at a time when conversations about the moral responsibility of content creators are gaining momentum. With millions of followers, influencers have the power to shape stories and perceptions, making accountability imperative.
Ministry of Information and Broadcasting to frame guidelines
The Supreme Court also allowed the Ministry of Information and Broadcasting (MIB) to intervene in the case. Attorney General R. Venkataraman told the court that the government is in the process of framing guidelines to regulate social media content.
He, however, clarified that there will be no ban on influencers or comedians. Instead, the focus will be on creating a framework that protects vulnerable communities from abusive and harmful content while ensuring freedom of expression.
A warning for digital creators
The case highlights a broader issue of responsible digital content creation. With the rapidly growing trend of podcasts, YouTube channels and live streams, influencers often blur the line between humour and insensitivity. The Supreme Court’s decision is a reminder that freedom of expression comes with accountability.
For creators, it is a wake-up call to rethink their approach to comedy and commentary. What may seem like harmless entertainment to some can cause deep emotional harm to others—especially those who already face social stigma.
Highlights
- The Supreme Court directed five influencers, including Samay Raina, to issue unconditional apologies.
- Commercial and prohibited speech are not protected under fundamental rights.
- The court can impose penalties for raising funds to treat rare genetic disorders like SMA.
- The Ministry of Information and Broadcasting is preparing content guidelines for social media.
- Influencers have been urged to be cautious and sensitive when creating humor about vulnerable groups.
Overview
The Supreme Court’s direction is more than just a punishment for a few individuals—it is a powerful message for India’s digital ecosystem. As the influencer economy grows, the responsibility to strike a balance between humor, creativity, and social sensitivity cannot be ignored.
This historic move could pave the way for clearer rules and a more empathetic approach to digital content creation, ensuring that marginalised voices are not mocked but respected.