New Delhi, November 27, 2025 – In a landmark move to convert a controversy into a social initiative, the Supreme Court of India on Thursday directed comedian Samay Raina and four other social media influencers to engage actively in raising awareness and funds for children suffering from rare disorders, including Spinal Muscular Atrophy (SMA). The bench, led by Chief Justice of India Surya Kant, emphasized that the digital reach and influence of these content creators should be harnessed for socially constructive purposes rather than causing harm or offense.

Background of the Case

The order comes after a video surfaced online in which the comedians allegedly mocked persons with physical disabilities. The controversial content prompted the Cure SMA India Foundation, an NGO working for children with SMA, to petition the court, highlighting how such ridicule undermines both the dignity of persons with disabilities and the ability of NGOs to secure funding for costly treatments.

In its August 2025 order, the Supreme Court had instructed the five comedians – Samay Raina, Sonali Thakkar, Vipul Goyal, Balraj Paramjit Singh Ghai, and Nishant Jagdish Tanwar – to publish unconditional apologies and indicate the monetary penalty they were willing to pay as part of purging contempt of court. The bench had also underscored the principle that commercial free speech carries a responsibility, and that the right to dignity under Article 21 prevails over the right to free speech under Article 19 when the two collide.

Court’s Directive

During Thursday’s hearing, the Supreme Court decided to convert the episode into a reparative engagement, rather than imposing punitive fines. The bench stated that the influencers must:

• Host events at least twice a month featuring persons with disabilities.
• Use their digital platforms and shows to raise funds for medical care and treatment of children suffering from rare disorders like SMA.
• Publicize success stories of specially-abled persons to generate awareness and inspire societal responsibility.

“If you show repentance and commitment to the cause of specially-abled persons, this will have a widespread positive effect,” the bench emphasized. The court made it clear that no penal fine would be imposed if the influencers undertook these social responsibilities in good faith.

The Supreme Court left it to the discretion of the influencers to plan and invite specially-abled persons to these events, ensuring that the initiatives are consistent and impactful, while also channeling the funds raised to credible institutions working for these causes.

Role of the Cure SMA India Foundation

Senior advocate Aparajita Singh, appearing for Cure SMA India Foundation, highlighted the real-world consequences of mockery in online content. She explained that treatment costs for children with SMA can be astronomical, sometimes exceeding ₹16 crore per child. The ridicule not only hurt the dignity of affected individuals but also hampered fundraising efforts, which are crucial for providing life-saving therapies.

Singh urged the bench to direct the influencers to actively channel their audience reach and resources toward these socially constructive goals. Solicitor General Tushar Mehta, representing the government, added that the controversial content was premeditated and scripted, rather than spontaneous humor, underlining the need for corrective measures.

Court’s Observations on Online Content Regulation

The Supreme Court also used the occasion to discuss broader issues of online content moderation, especially regarding adult or potentially offensive material. Key observations included:

• Self-regulation by creators is insufficient in cases where content could harm societal interests.
• Current disclaimers and warnings on sensitive content are inadequate, as viewers often encounter objectionable material before fully registering the advisory.
• The court proposed stronger age-verification mechanisms, including Aadhaar-based gating, for explicit or sensitive content.
• Building a responsible society and fostering ethical content creation are essential to prevent harm while preserving freedom of expression.

CJI Surya Kant remarked, “Build a responsible society, and most of the problems will be solved,” underscoring that regulatory measures must be accompanied by social accountability and ethical digital behavior.

Social Responsibility and Corporate Social Models

The bench also acknowledged ongoing efforts by the government and non-governmental bodies to explore CSR-based funding models for rare-disease therapies. The court encouraged the creation of a dedicated fund for the treatment of specially-abled persons, which could be augmented by funds raised through public engagement initiatives like those now directed for the comedians.

Way Forward

By converting a case of online mockery into a constructive social initiative, the Supreme Court has set a precedent for accountability and reparative action in digital content creation. The comedians are now expected to:

• Conduct one program every fortnight featuring inspiring stories of specially-abled children.
• Generate funds for treatment and channel them responsibly to established institutions.
• Use their platforms to educate audiences about rare disorders and the challenges faced by persons with disabilities.

The order reflects a careful balancing act between freedom of expression and the right to dignity, emphasizing that monetized online content carries moral and social responsibilities. It also demonstrates the court’s willingness to encourage positive engagement rather than merely punitive action, promoting awareness, empathy, and tangible support for vulnerable communities.