Freedom of speech is not freedom to mock

Every citizen should be aware of the boundaries that separate our rights and duties. Freedom of expression is a right guaranteed by the Constitution, but it is not the right to say anything about anyone. Expressing opinions without respecting the dignity and decency of a person is now like a pastime for those who find pleasure in social media. No one should use abusive and extremely disrespectful words, even if they are based on clear evidence. It is now common for influencers to speak abrasively on whatever they feel without a second thought on YouTube and other platforms. The country's Supreme Court has curbed this trend with an order the other day.

The Supreme Court has clarified that social media influencers do not have the freedom to say anything to earn money. The court also recommended that the central government draft social media conduct guidelines, balancing free speech with dignity. The court was considering a case against five influencers, including 'India's Got Latent' host Samay Raina and YouTuber Ranveer Allahbadia, widely known as "BeerBiceps", for mocking differently-abled people, spinal muscular atrophy patients and visually challenged people.

The complaint was filed by the Cure SMA Foundation of India, a non-profit organization that works for the welfare of SMA patients and people with disabilities. The court had earlier warned against portraying differently-abled people as humorous characters based on their disabilities. Police in Maharashtra and Assam had also registered cases against Samay Raina and Ranveer Allahbadia for making derogatory remarks about such patients. Although an interim stay was issued on their arrest, the court had observed that their expressions were a reflection of a dirty mind, describing the statements as “disgusting”, “filthy”, and “insulting. A bench of Justices Surya Kant and Joymalya Bagchi has directed all five to issue an unconditional apology in their podcasts or shows. The court also said that the issue of imposing a fine for insulting differently-abled people will be considered later. The court reminded that jokes that degrade the dignity of another person should not be told. The court also observed that the IT Act should provide punishment commensurate with the insult and harm caused by influencers.

“Humor is well taken and is a part of life. We laugh at ourselves. But when we start laughing at others and create a breach of sensibility... on a community plane, when humor is generated, it becomes problematic. And this is what so-called influencers of today should bear in mind. They are commercializing speech. The community at large should not be utilized to hurt the sentiments of certain sections. It's not only freedom of speech, it's commercial speech,”- Justice Bagchi said. Quality jokes can make even those against whom they are being told laugh. However, trying to tarnish the dignity of a person in the name of humour should not be encouraged. Some people talk on social media in a way that even mocks other family members. If they are not ready to control this themselves, it should be controlled by law. The Centre should prepare guidelines to control them after detailed discussions.