No freedom of speech in commercial content: SC

No laughing matter

- Utkarsh Anand

The Supreme Court on Monday cautioned social media influencers and podcasters that they cannot press their free speech rights when their “commercial” content offends the dignity and sensitivities of others, underlining that humour or entertainment premised on ridicule of vulnerable groups will not be permitted.

A bench of justices Surya Kant and Joymalya Bagchi said while humour is “well taken” when it involves self-deprecation, “when we start laughing at others, that becomes a breach of sensitivity”.

“India is a diverse country with so many communities ‘When you generate humour on a simple apartheid plane, it becomes a problem,” said the court while is hearing a batch of petitions concerning podcasters and YouTubers, including Ranveer Allahbadia and comedian Samay Raina.

Pointing out that podcasters and YouTubers earn money from their shows, the bench stressed: “It is not just freedom of speech but it's commerce. It is commercial speech. There are various forms of speeches...When we talk of commercial speech, there is no freedom there.”

The court further urged the Union government to come back by November with a proposed regulatory framework that not only demarcates the boundaries of free speech but also defines the obligations that accompany it.