Comedian Samay Raina has issued an unconditional apology in the Supreme Court for jokes made on his show that were deemed to ridicule persons with disabilities and those suffering from rare genetic disorders. Raina, the host of the now-defunct "India Got Latent" show, submitted an affidavit stating he never intended to offend or belittle anyone and supports inclusive and sensitive content creation.

The Supreme Court bench, consisting of Justices Surya Kant and Joymalya Bagchi, directed Raina and four other social media influencers to issue public apologies on their podcasts and social media platforms. The court also instructed the central government to formulate guidelines to curb speeches that offend or ridicule disabled individuals, women, children, and senior citizens.

In his affidavit, Raina clarified that his intention was to involve and represent different sections of society, committing to better conduct, content sensitivity, and legal compliance. Referring to a clip of his interaction with a visually impaired person, Raina argued the full transcript reflects encouragement and compassion rather than ridicule, stating he offered the individual a platform in Mumbai where he received a standing ovation and emotional support. He further explained that his mimicry was intended as performance, not ridicule, but acknowledged that even mimicry involving sensitive characteristics requires greater care and social awareness.

Raina's affidavit also detailed his past and ongoing social contributions and philanthropic efforts, showing his commitment to social causes. He stated he has donated around Rs 9 lakh and raised over Rs 23 lakh for various causes.

The Supreme Court addressed the core issue of balancing freedom of speech with the need to protect vulnerable groups from ridicule and discrimination. The court observed that freedom of speech and expression cannot extend to commercial speech that hurts the sentiments of certain communities. Justice Kant emphasized the necessity of balancing rights and duties. The court also noted that humor is acceptable but becomes problematic when it targets and demeans others, especially marginalized communities. Justice Bagchi stated that commercial speech does not have the same freedom as regular speech and that social media influencers should be mindful of not hurting the sentiments of any section of society when commercializing speech.

The case originated from a petition filed by the Cure SMA Foundation, which highlighted jokes made by Raina and other comedians about individuals with Spinal Muscular Atrophy (SMA) and other disabilities. The foundation argued that these jokes trivialized the struggles of those with disabilities and mocked expensive treatment options. Senior Advocate Aparajita Singh, representing the Cure SMA Foundation, argued that the offensive expressions used by Raina and others amounted to "hate speech" and did not deserve protection under Article 19(1)(a) of the Constitution.

The Supreme Court has directed Raina and the other comedians to upload video apologies on their social media channels, reflecting the repentance expressed in court. The court has also indicated that it will decide on penalties or costs at a later stage. The Ministry of Information and Broadcasting was instructed to formulate clear guidelines on such content. The court clarified that the guidelines should account for new developments in modern technology and should not appear as a mere reaction to the "India's Got Latent" show.