SC: No free speech immunity for content by influencers

NEW DELHI: Supreme Court on Monday said online shows by influencers and YouTubers do not enjoy the protection that free speech does. Saying so, it asked five popular content creators to tender public apologies on their channels - they have already apologised to the court - for ridiculing people with disability in their shows.

"Influencers commercialise speech. When a speech falls in the ambit of commercial or prohibitive categories, the immunity under right to free speech is not available," a bench of Justices Surya Kant and Joymalya Bagchi ruled.



The case that started with Ranveer Allahbadia's vulgar comments was expanded to cover these five: Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakur and Nishant Jagdish Tanwar.

AG R Venkataramani said he has held consultations with stakeholders, including I&B ministry, for framing guidelines for speeches on the web world, but added the issue required sensitive handling since it concerns free speech.

Framing norms shouldn’t be knee-jerk reaction: SC

SC said framing of guidelines should not be a knee-jerk reaction to infractions by a few influencers but must be broad-based, considering the advances in communication technology and the challenges that might arise in future and would need to be tackled to ensure an inclusive society.

“Unless effective guidelines are in place, the young generation’s fertile mind would enable them to step around it. Consequences for breaching the line should be proportional to the harm/damage caused. Otherwise, they would think that they would be off the hook by tendering an apology," SC said.

The influencers faced SC’s heat after SMA Foundation accused them of ridiculing the exorbitant cost of treatment for spinal muscular atrophy, a rare disease and disability. Senior advocate Aparajita Singh said influencers must be responsible in their speeches as what they say matters a lot to the younger generation.

Singh suggested that apart from tendering apologies, they must carry out activities towards creating an inclusive society.

Kant and Bagchi said the influencers present in the courtroom must tender public apologies on their channels and file affidavits detailing the activities they have undertaken towards mainstreaming people with disability. “Degree of repentance should be proportionate to the degree of violation,” the bench said. It said the question of appropriate penalty/cost that may be imposed on them would be considered later.


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