The Supreme Court of India has mandated that comedian Samay Raina and four other digital content creators issue public apologies on their YouTube channels and other social platforms for remarks deemed insensitive toward persons with disabilities. A bench led by Justices Surya Kant and Joymalya Bagchi underscored that freedom of expression cannot extend to commercial speech that undermines the dignity of vulnerable communities.
This directive stems from a petition filed by the Cure SMA (Spinal Muscular Atrophy) Foundation of India, which argued that certain content—specifically, comments criticizing the high cost of SMA treatment—constituted hate speech and violated constitutional protections under Articles 14 and 21, which safeguard equality and dignity.
During the hearings, the Supreme Court condemned the mockery of persons with disabilities, asserting that such behavior cannot be shielded by free speech when it is disseminated as part of commercialized content. Justice Bagchi remarked, “When you are commercialising speech, you cannot use a community and hurt their sentiments,” distinguishing between protected expression and content that degrades a community.
In a pointed judgment, Justice Kant warned: “Today it is disabled, tomorrow it could be another community—where will it end?” emphasizing the broader societal consequences of unchecked offensive speech.
Although the comedians had already tendered apologies in court, the bench required them to replicate these apologies on their digital platforms and asked them to file affidavits outlining how they would use their influence to raise awareness of disability rights. The court further reserved its decision on the question of whether penalties or costs should be imposed.
The attorney general, representing the Central Government, indicated that drafting guidelines for regulating such content will take time, stressing that there can be no blanket prohibition on expression. Nevertheless, the court urged a comprehensive regulatory framework that would involve domain experts and address future challenges across digital platforms.
In July 2025, the bench had admonished Raina, Vipul Goyal, and others for insensitive jokes targeting disabled persons, cautioning that such conduct violated core constitutional values. The