THE SUPREME Court on Tuesday reiterated its call for framing guidelines for social media users, balancing freedom of speech and expression with rights and duties.
A bench of Justices Surya Kant and Joymalya Bagchi said this as it heard a plea by M/s SMA (Spinal Muscular Atrophy) Cure Foundation accusing YouTubers Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagdish Tanwar of cracking insensitive jokes on persons with disabilities (PwDs).
Complying with the court’s direction during the last hearing, the five appeared before the Bench Tuesday.
The Supreme Court gave them two weeks to file a counter-affidavit and directed all except Sonali Thakkar to appear again before the bench on the next date of hearing. Thakkar has been allowed to appear online.
“Respondents number 6-10 are present in court in compliance with our order. Their counsel seeks and is granted two weeks to file counter-affidavit… No further time shall be granted… Respondents 6-8 and 10 shall remain present in person on the next date as well. Any absence shall be viewed seriously. Respondent No.9 (Sonali Thakkar) is permitted to appear online,” the bench said in its order.
Justice Kant said, “Individual misconducts, which are under scrutiny, will continue to be examined. (SMA Cure) Foundation has raised serious issues. Something very disturbing.”
The court is also seized of two other petitions by YouTubers Ranveer Allahabadia and Ashish Chanchlani for clubbing of FIRs lodged against them in connection with allegedly objectionable remarks made on ‘India’s Got Latent’ show.
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In May, the court while hearing Allahabadia’s plea to club the FIRs against him had flagged the need to put regulations in place for social media use. It also sought the assistance of Attorney General R Venkataramani and Solicitor General Tushar Mehta in the matter.
On Tuesday, the Attorney General sought more time to assist the court.
He said the question of their enforceability will have to be considered at length.
Allowing the request, Justice Kant said, “We would like to test the guidelines… You have to have guidelines which are in conformity with constitutional principles, comprising both parts — where the limit of that freedom ends, and where duties start… We would like to invite open debate on that… Members of Bar, stakeholders and all so-called stakeholders, all invited.”
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He sought to stress that Article 21, which deals with the right to life and liberty, would prevail over Article 19, which deals with freedom of speech and expression.
“Right to dignity also emanates from the right which someone else is claiming… Article 19 can’t overpower Article 21… Article 21 must prevail if any competition takes place,” said Justice Kant.
He also pointed to the need to ensure that the guidelines are not misused. “What we are doing is for posterity. What we do should not be misused by anyone, you have to ensure that too. There has to be a balance. We have to protect citizens’ rights,” Justice Kant remarked.
Apology before NCW
YouTuber Samay Raina appeared before the National Commission for Women (NCW) on Tuesday and submitted a written apology over remarks deemed disrespectful to women in his show ‘India’s Got Latent’. The NCW summoned Raina over objectionable content in the programme aired on an online platform. During the hearing before NCW chairperson Vijay Rahatkar, Raina expressed regret for his comments and assured the Commission that he would avoid such statements in the future, according to a statement.
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He also agreed to create content that upholds the dignity of women and spreads awareness about their rights and respect, the NCW statement said.
