'Need to balance morality & freedom of expression': SC tells Centre, allows Ranveer Allahbadia to resume show

There is a need to balance morality and freedom of expression, the Supreme Court said on Monday, asking the Centre to keep this in mind before laying down guidelines for digital content in the aftermath of the massive row over YouTuber Ranveer Allahbadia's crass remarks.

Allahabadia had filed an application in the Supreme Court seeking lifting of one part of the order which refrained him from airing his shows, saying he has 280 employees and it is his livelihood.

Solicitor General of India Tushar Mehta (for Union, Maharashtra and Assam Govts) submitted that he has watched the episodes of "India's Got Latent" show out of "curiosity", and found the "perversity in the program to be of another level." 

"Forget a man and a woman, a man and a man cannot sit together and watch the show. Myself and the learned AG cannot sit together and watch the show. Your lordships will not be able to sit together and watch the show," SG said. "The very fact that he chose to participate [in such a show]...let him remain quiet for some time," SG said.

The Supreme Court noted Attorney General and Solicitor General and said that some regulatory may be required to prevent the telecast or airing of programmes that are not acceptable in terms of our society's known moral standards. The top court asked Solicitor General, appearing for Centre, to deliberate upon and suggest some measures which shall not impinge the fundamental right of free speech and expression but also effective enough to ensure that it is within bounds of 19(4).

Any draft regulatory measure in this regard can then be put in public domain to invite suggestions from stakeholders before taking any legislative or judicial measure in this regard, says Supreme Court.

The top court made it clear that no direct or indirect shows can be conducted which has bearing on merits of the case.

However, the Court allowed Ranveer to resume his show, "The Ranveer Show" subject to furnishing an undertaking that his own shows will maintain the standards of decency and morality, so that viewers of any age group can watch.

Court stresses on the need for regulation

During the hearing, the Court also impressed upon the Union Government the need to regulate the content in online media.

"We don't want any regulatory regime which leads to censorship...but it can't be a free for all. See the quality of humor he has...humor is something the entire family can enjoy, nobody feels embarrassed. Using all filthy language is not talent," Justice Kant said.

SG agreed with the view, saying that "if you have to use vulgarity to make me laugh, then you are not a good comedian."

"Think what can be a very limited regulatory measure which must not lead to censorship...which must have some element of control...Something needs to be done. If somebody wants to watch something..What we propose to do...try to impress upon the union what can be done... and have a healthy debate on it with all the stakeholders," Justice Kant said.

In its order, the bench recorded, "With regard to telecast or airing of programmes which are not acceptable in terms of known moral standards of our society, some regulatory measures may be required. We have requested SG to suggest some measures which are effective to ensure the parameters of fundamental rights as delineated in Article 19. Any draft regulatory measure in this regard can then be put in public domain to invite suggestions from stakeholders...We are inclined to expand the scope of these proceedings."

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