Ranveer Allahbadia. Photo: Special Arrangement

Ranveer Allahbadia case: Supreme Court seeks regulatory steps against ‘vulgarity’ online

Bench calls for measures to ensure programmes adhered to ‘known moral standards’ without censorship; allows Allahbadia to resume podcast subject to maintaining ‘morality and decency’

by · The Hindu

The Supreme Court on Monday (March 3, 2025) asked Solicitor General Tushar Mehta, appearing for the Centre, to suggest “regulatory measures” to rein in the use of “filthy language” and “vulgarity” which passes off as humour in programmes telecast online.

A Bench headed by Justice Surya Kant said there was a clear divide between humour and perversity.

The court said the regulatory measures were intended to ensure that programmes adhered to “known moral standards” of Indian society without sliding into a censorship of the fundamental right of free speech and expression. They were to work as a reasonable restriction on freedom of speech to ensure decency and morality. The court said it wanted a “healthy debate” on the issue with inputs from stakeholders.

“Humour is an art. Humour is something that the entire family can enjoy and nobody feels embarrassed. That is talent. Using filthy language is not talent. Talent is using ordinary words to produce humour. We have excellent comedians in Bollywood. Writers of humour,” Justice Kant remarked.

Mr. Mehta said humour for him was straightforward. “If you cannot make me laugh, you are not a good comedian”.

He said there were comedians who were “very critical” of the government, but did not cross the boundaries of decency and morality. “They are very good people,” the top law officer noted.

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The Bench was hearing an application filed by YouTuber Ranveer Allahbadia seeking a modification of a clause in a February 18 order of the top court, which had provided him interim protection from arrest in criminal cases registered in Maharashtra and Assam over his comments about parents and sex in the show ‘India Got Latent’.

Modifies the bar

The clause in question barred him from airing or telecasting shows, podcasts, etc. Appearing for Mr. Allahbadia, advocate Abhinav Chandrachud said his client has “no sense of humour” but the prohibition would affect his livelihood and that of his 280 employees who worked on his own show. The court modified the bar, cautioning Mr. Allahbadia that his language and conduct must meet the prevailing standards of decency and morality.

In the hearing, Mr. Mehta said he was “curious” and had watched the show himself. “Humour is one thing. Vulgarity is another and perversity is at another level. This (the show) cannot be watched by the Attorney General [who was present in the courtroom] or me together or Your Lordships… The very fact that he chose to take part in it… let him stay quiet for some time,” the Solicitor General, who also represented the States of Maharashtra and Assam, opined.

Justice Kant said the Bench hoped Mr. Allahbadia was experiencing “some repentance”.

“People writing articles for him in the name of freedom of speech, we know how to handle them also… In this country, there is no fundamental right on a platter. Fundamental rights are enjoined by a duty,” Justice Kant observed orally.

The judge said moral standards changed from one country to the other. The court was focused on the version followed by the Indian society.

Mr. Mehta said a regulatory mechanism was rightly owed to posterity.

Justice Kant clarified that people could watch whatever channel they wanted, but using filthy expressions to augment one’s commercial brand was the problem. “That you can get away saying anything…” the judge said.

The application further requested the court to allow Mr. Allahabadi to travel abroad.

But Mr. Mehta said Mr. Allahbadia had not come when he was summoned by the Gauhati Police. Mr. Chandrachud responded that the Gauhati Police did not respond when Mr. Allahbadia had enquired through WhatsApp the date and time for his appearance at the police station.

The Bench directed the Gauhati Police to convey to the YouTuber the date and time of his appearance.

Justice Kant said the request to travel overseas would be considered after he joined the investigation. Meanwhile, the court extended the interim protection from arrest for Mr. Allahbadia.

Published - March 03, 2025 03:13 pm IST