DELHI | 15TH JULY 2025 -The Supreme Court on Tuesday emphasized that any proposed mechanism to regulate online content must adhere to constitutional principles, while also remarking that there are “many free advisors in the market” when it comes to freedom of speech.
A Bench comprising Justices Surya Kant and Joymalya Bagchi was hearing a batch of petitions related to comedians and podcasters facing legal trouble over their online content.
CALL FOR GUIDELINES CONFORMING TO CONSTITUTION
Earlier, the Court had called for regulatory measures to ensure the enforcement of “reasonable restrictions” on the right to freedom of speech and expression under Article 19(2) of the Constitution.
On Tuesday, Attorney General for India R Venkataramani submitted that the proposed guidelines on online content need further discussion. Justice Kant agreed, stating:
“There are many free advisors in the market. Ignoring them…the guidelines should be in conformity with constitutional principles balancing freedom and where the rights and duties start. We will have open debate on such guidelines. Let all stakeholders also come and give their viewpoints.”
The Bench further observed:
“Suppose a race takes place between Article 19 and 21, Article 21 has to trump over Article 19.”
Case Involving Ranveer Allahbadia and Other Comedians
The Court was hearing a plea by YouTuber and podcaster Ranveer Allahbadia, also known as BeerBiceps, related to alleged obscene remarks made during an episode of Samay Raina’s India’s Got Latent.
Alongside Allahbadia’s plea, the petition filed by Cure SMA India Foundation was also listed. The foundation accused comedian Samay Raina of making insensitive remarks about the high cost of treatment for Spinal Muscular Atrophy (SMA), and of ridiculing a person with a disability.
The petition has sought regulatory mechanisms for such online content that allegedly violates the right to life and dignity of persons with disabilities.
COMEDIANS DIRECTED TO APPEAR BEFORE COURT
In May, the Supreme Court directed the Mumbai Commissioner of Police to ensure the presence of Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (aka Sonali Aditya Desai), and Nishant Jagdish Tanwar on the next hearing date.
At Tuesday’s hearing, all except Thakkar appeared before the judges. Their counsel requested additional time to file a counter affidavit to the Cure SMA India Foundation petition.
The Court granted the request but warned:
“No further time shall be granted. Let rejoinder if any be filed after one week thereafter. Post the matter thereafter.”
The Court also directed that Raina, Goyal, Ghai, and Tanwar shall remain present for the next hearing. Thakkar was permitted to appear online “in view of peculiar facts and circumstances”, but the Court cautioned:
“Any absence shall be viewed seriously.”
SCRUTINY OF ALLEGED CONDUCT
The Bench stressed that the conduct of the comedians would be examined carefully, stating:
“Individual conduct…we will scrutinize them minutely because issues pointed out by SMA is quite disturbing also.”
RELIEF FOR RANVEER ALLAHBADIA
In February 2025, the Supreme Court had stayed Allahbadia’s arrest in connection with FIRs filed in Maharashtra, Assam, and Rajasthan over his allegedly obscene and vulgar remarks. However, he was restrained from performing shows during that period.
Subsequently, the Court permitted Allahbadia to resume The Ranveer Show, provided it did not violate general standards of morality and decency.
