The Supreme Court on Thursday directed comedian Samay Raina and four other prominent social media influencers to channel their large digital reach toward a significant social cause. The influencers have been ordered to host events dedicated to creating awareness and generating funds for the treatment of children suffering from rare disorders, such as Spinal Muscular Atrophy (SMA).
The court’s mandate is a restorative measure following an August 2025 order where the bench took severe exception to a video in which the comedians mocked persons with disabilities (PwD) during an online show.
Reparative Action Over Punitive Fine
The decision came after the five influencers, including Raina, filed affidavits tendering an unconditional apology to the court. The bench, which also comprised Justice Joymalya Bagchi, emphasized that the intention was to elicit social responsibility rather than impose a fine.
- The Mandate: The five private respondents—Samay Raina, Sonali Thakkar, Vipul Goyal, Balraj Paramjit Singh Ghai, and Nishant Jagdish Tanwar—are ordered to organize at least two events every month to generate funds for the cause of PwD.
- Fund Allocation: The funds generated from these programs are to be deposited into a corpus dedicated to persons with disabilities.
- Showcasing Dignity: The bench granted permission for the influencers to invite persons with disabilities, particularly those whose success stories have been documented, to these shows to contribute to the fundraising and awareness efforts.
- SC’s Stance: Chief Justice of India Surya Kant emphasized that if the influencers demonstrate “repentance and commitment to the cause of specially abled persons, this will have a widespread positive effect,” and that the court does not “want to impose a penal burden but you must discharge a social responsibility.”
Impact on Fundraising for SMA
Senior advocate Aparajita Singh, representing the petitioner NGO Cure SMA India Foundation, explained to the bench how the comedians’ mockery had undermined fundraising efforts.
- The Cost of Treatment: Singh highlighted that treatment for rare disorders like SMA is often astronomical, running into as much as ₹16 crore for a single child in certain cases.
- Damage to Dignity: She submitted that when such “disparaging content comes from a crowd platform, it is difficult to get funding,” and urged the court to direct the influencers to use their reach for public good by conducting programs focused on the stories of these children.
Solicitor General Tushar Mehta supported the call for remedial action, noting that the problem in the viral video appeared to be premeditated scripting rather than spontaneous humour.
Exploring Wider Digital Regulation
During the hearing, the bench also addressed the broader need for self-regulation and content control on digital platforms.
- Self-Regulation: The court remarked that “the best form of regulation is self-regulation,” noting that the concept of perversity is tied to societal values.
- Age-Gating Concerns: The CJI questioned the inadequacy of current disclaimers on explicit or sensitive content, observing, “A warning of one line and then the video starts—by the time a person understands the warning, it is already there.” The bench proposed exploring stronger age-verification methods, such as Aadhaar-based gating, to restrict access to sensitive content.
This directive builds upon the bench’s strong observation in August 2025, where it cautioned creators that they “cannot press free speech rights when monetised content offends the dignity of others,” emphasizing that “Article 21 (right to dignity) must prevail over Article 19 (free speech) where they collide.”