NEW DELHI: SC on Monday ruled out censorship of freedom of speech and said it remained sacrosanct if it conformed to reasonable restrictions. However, it clarified that this was not a licence to broadcast on social media platforms filthy words and depraved thoughts that militate against decency and morality. Expanding the scope of the petition of influencer Ranveer Allahbadia seeking protection from arrest for crass comments on a show, SC told the Centre to consider framing guidelines, after carrying out consultations with stakeholders, to regulate the content of shows and podcasts on social media.But these guidelines, whether framed judicially or by Parliament, should not be in the shape of censorship. Framers of our Constitution had the foresight of giving wide latitude to free speech and yet, at the same time, had exemplary wisdom to circumscribe it through reasonable restrictions enumerated in Article 19 (2). The guidelines should not lead to censorship. But to say it is a free for all is also very dangerous,” a bench of Justice Surya Kant and N K Singh said. The Supreme Court had on Feb 18 given Allahbadia a dressing down before staying his arrest in FIRs lodged in Thane and Guwahati.The court allowed Allahbadia to hold his shows on the condition that he would not violate traditional Indian norms on decency and morality.“There should be some element of control so that free speech is not misused but the regulations cannot impinge on freedom of speech,” the bench said. Solicitor general Tushar Mehta said the govt was all for it.“Government is also against any censorship of free speech. But in the name of comedy, one cannot broadcast something which is indecent, vulgar and perverse. Freedom of speech is precious, it must be protected. But perversity cannot be freedom of speech. The young generation must be protected from such shows,” Mehta said.Allahbadia’s counsel Abhinav Chandrachud pleaded with the court to stay the arrest and relax its Feb 18 condition — not to hold any show till further orders — and said 280 people worked with Allahbadia and their livelihood would be jeopardised if the petitioner was prevented from running his show.Taking into account the apology and remorse expressed by Allahbadia, the SC agreed to relax the condition but warned that he should not be seen violating traditional Indian societal norms on decency and morality in any of his shows. On his request to allow him to visit foreign countries, the bench said it would be considered after he cooperated with the investigations being carried out by police in Maharashtra and Assam.“We know one of your associates who went to Canada and made all kinds of comments on the court order,” the bench said, inviting an immediate clarification from Chandrachud that his client had nothing to do with the show broadcast from Canada. He said the person concerned was a copanelist with Allahbadia in the controversial show and there was no other connection between the two. “Such was the vulgarity, obscenity and the rotten level of humour and language used by Allahbadia in the show that no family could have sat together and watched that kind of a show,” the SG said.On the warning of ‘adults only’ for the show, Mehta said a child could not be allowed access to such shows under the specious ruse that the producers had sounded the ‘adults only’ warning. “Our standards of morality and decency differ from the western world,” he added.“Government also is against censorship, but there should be some regulation on such use of profanity which militates against the morality and decency of society. There are comedians who are very critical of the govt yet make shows without crossing the limits. They employ good humour, which can be watched by one and all,” Mehta said.The bench told Mehta that the Union govt should discuss with all stakeholders to deliberate what safeguards and measures are needed to regulate free speech, but these must not amount to censorship.
Need norms, not censorship: SC to government in Allahbadia case | India News
