The Supreme Court on Wednesday, November 26, issued significant directions to comedian and YouTuber Samay Raina and three other comedians, instructing them to host events featuring the success stories of specially-abled persons on their platforms. The Court said the money raised through these shows must be used for the timely and effective treatment of persons with disabilities.
Chief Justice of India Surya Kant said the Court was placing a "social burden, not a penal burden" on the comedians. "We hope and expect that a few memorable events will take place before the next hearing. You are all well-placed in society. If you have become too popular, then share that with others," he remarked.
The directions were issued on a plea filed by Cure SMA Foundation, which sought action against comedians for making insensitive remarks about people suffering from disabilities.
All you need to know about the court proceedings involving Samay Raina
During the hearing on matters related to India’s Got Latent and objectionable jokes about disability that took place earlier this year, the Supreme Court examined concerns around vulgar and insensitive digital content.
Solicitor General Tushar Mehta said the government was not opposing free speech, but emphasised that the issue was not just about obscenity but also about perversity-content that is distorted or degrading. He pointed out that user-generated content has several gaps: "Freedom of speech is invaluable, but perversity cannot be permitted."
CJI Surya Kant questioned the absence of accountability on digital platforms. He said, "If I start a channel, am I not accountable to anyone? Someone has to be answerable. Any adult content must carry proper warnings. Not self-styled warnings, but ones issued by an independent, autonomous body—free from both muscle power and government influence." The CJI further added that the Court does not want to become a monitoring authority: "We will be the last people to suggest monitoring… but if a mechanism already exists, why are such cases still coming every day? Children and ordinary viewers need protection."
OTT Platforms and Broadcasters’ stand on the matter
The counsel informed the Court that the Digital Ethics Code is currently under judicial review, with the Delhi High Court scheduled to hear the matter on January 8, 2026. Broadcasters argued that the industry already has a complaint mechanism headed by Justice Gita Mittal.
Justice Bagchi noted the challenges of responding to viral content. It was said, "A video reaches millions before the authority can act. For anti-national content or content misrepresenting the nation’s borders, creators must be held responsible. A preventive mechanism is essential. The best solution is self-regulation."
The CJI criticised the practice of displaying a one-line warning before the content and immediately starting the video. "This does not work", they said. He also said the Court would not impose penalties on young offenders, but directed that "they should propose donating to a credible institution." The juveniles involved in earlier cases have submitted unconditional apology affidavits.
Senior Advocate Aprajita Singh, appearing for the SMA (Spinal Muscular Atrophy) support organisation, said, "In Samay Raina’s programme, children suffering from SMA were mocked." This remark prompted the CJI to reiterate that the Broadcasting Ministry will soon introduce new guidelines for public debate. The matter will be heard again after four weeks.
The court's final verdict on the Samay Raina case
The Supreme Court directed Samay Raina and the other comedians facing allegations of mocking persons with disabilities to conduct at least two events every month and use these events to send a positive, respectful social message. They have been asked to ensure that funds raised through these shows are contributed to a corpus fund for the treatment of persons with disabilities.
The Bench made it clear that the objective is not punishment, but sensitisation. "These programmes must not be mere formalities,” the Court observed, further stating, "They should genuinely create awareness and convey respect.”
Also read: Amid Indo-Pak tension, Samay Raina narrates his father's phone call from back home in Jammu
