New Delhi: While allowing podcaster Ranveer Allahbadia to continue airing his show, the Supreme Court on Monday (March 3) suggested that the Union government draft a proposal to regulate the broadcasting of programs that ‘offend’ societal norms.
Such regulations must not hinder the right to free speech but must ensure that reasonable restrictions on it are maintained, the court said.
It also noted that “some briefless people” were writing “some articles in the name of freedom of speech and expression” in the wake of controversy surrounding Allahbadia’s remarks during a comedy show, asserting that fundamental rights “all flow by a duty”, reported PTI.
A bench comprising Justices Surya Kant and N. Kotiswar Singh allowed Allahbadia, also known as BeerBiceps, to continue airing ‘The Ranveer Show’ subject to his undertaking that the program “will maintain the desired standards of decency and morality so that viewers of any age group can watch it”.
The show must also not air episodes that have a direct or indirect bearing on the merits of cases in connection with the controversy that are sub judice, the court added.
Cases were filed against Allahbadia for sexually explicit remarks he made during an episode of the India’s Got Latent YouTube show.
Last month the Supreme Court granted Allahbadia with interim protection from arrest in these cases but required him and his associates to not air shows on YouTube or elsewhere until further orders.
Justice Kant had while granting the interim protection on February 18 strongly disapproved of Allahbadia’s remarks, characterising them as “dirty” and having been “vomited” by him.
Proposed regulations not to hinder free speech but must ensure ‘reasonable restrictions’ to it
During Monday’s hearing the judges said they were keen on expanding the scope of the case they were hearing.
Following the Union government’s recommendation that the broadcast of programs that are “offensive to well-known moral standards of our society” could be prevented by new regulations, the bench suggested that solicitor general Tushar Mehta deliberate on and draft a proposal for such regulations.
But these regulations must not “encroach upon the fundamental right of free speech and expression”, the two judges said, adding that they must at the same time be “effective enough to ensure reasonable restrictions” upon the said fundamental right as provided for by Article 19(2) of the constitution.
“We don’t want any regulatory regime which is about censorship … but it is also cannot be a free for all platform,” Bar and Bench quoted Justice Kant as saying.
Soon after the Supreme Court had granted interim protection to Allahbadia, the Union government issued an advisory to over the top platforms to abide by the law while publishing content.
Also read | Ranveer Allahbadia Row: Crude Humour or Legal Obscenity
Fundamental rights not given on ‘platter’, people must discharge corresponding duties
Moreover, fundamental rights are not provided to citizens “on a platter”, Justice Kant said as per PTI.
“We know that some briefless people are writing some articles in the name of freedom of speech and expression. We know how to handle them also,” the news agency quoted Justice Kant as saying.
He added: “In this country there is nothing like a fundamental right on a platter. The fundamental rights all flow by a duty and unless those people want to understand their duty, then we know how to deal with those kinds of elements.”
“If somebody wants to enjoy fundamental rights, this country gives a guarantee to enjoy, but guarantee is with a duty so that guarantee will involve performing that duty also,” he also said according to LiveLaw.
The judge also reacted to another accused’s speaking about the case in Canada, saying that “one of his colleagues thinks, these youngsters are oversmart and we are probably an outdated generation”.
“They don’t know what kind of jurisdiction this court has. We don’t want to show it because they are young and hope they will behave like responsible people. Otherwise we know how to deal with these people,” he said.
The court’s decision today to allow Allahbadia to carry on with his show was primarily based on his submission that he and his team of around 280 people depended on the show for their livelihood, it said.
Regarding his plea for permission to travel abroad – the court had ordered him to surrender his passport – the bench said it would consider his request after he joins the investigation into his remarks.
