Akhya Pandey
On 25th August 2025, the Supreme Court directed Comedian Samay Raina and four other content creators to issue public apologies on their social media platforms for making offensive remarks against persons with disabilities.
The order was passed on a petition filed by the SMA Cure Foundation, which complained that the comedians had mocked individuals suffering from Spinal Muscular Atrophy in an online show. The Foundation argued that such remarks were derogatory, hurtful and violated the fundamental right to live with dignity.
A Bench of Justice Surya Kant and Justice Joymalya Bagchi held that the right to free speech under Article 19(1)(a) of Constitution cannot extend to content that demeans vulnerable groups. The Court said that when there is a conflict between free expression and the right to dignity under Article 21, dignity must prevail. “Humour cannot be a licence to ridicule human suffering,” the Bench remarked.
Although the comedians expressed regret during the hearing, the Court was not satisfied with private apologies. It directed that the accused upload public apologies in video form on the same platforms where the remarks were made. The Bench warned that failure to comply would invite coercive steps.
The Court also indicated that it will consider framing guidelines for regulating online content, including comedy and satire, so that freedom of expression is balanced with the rights of vulnerable communities.
Bench: Justice Surya Kant and Justice Joymalya Bagchi
Case Name: SMA Cure Foundation v. Samay Raina & Ors.
Citation: 2025 SCC OnLine SC 842
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