Article 21 has to trump Article 19: Supreme Court to have 'open debate' on free speech guidelines

Even as it stressed that the proposed mechanism for regulation of online content must conform to the constitutional principles, the Supreme Court on Tuesday remarked that "many free advisors" exist in the market when it comes to the freedom of speech..The Bench of Justices Surya Kant and Joymalya Bagchi was hearing a batch of petitions related to comedians and podcasters who have landed in troubled legal waters over their online conduct. The Court had earlier called for regulatory measures to ensure implementation of "reasonable restrictions" on the right to freedom of speech and expression under Article 19(2) of the Constitution.Today, Attorney General for India R Venkataramani submitted that there is a need to discuss the proposed guidelines. Justice Kant agreed, saying that all stakeholders can give their viewpoints on the issue."There are many free advisors in the market. Ignoring them...the guidelines should be in conformity with constitutional principles balancing freedom and where the rights and duties start. We will have open debate on such guidelines. let all stakeholders also come and give their viewpoints," Justice Kant remarked."Suppose a race takes place between Article 19 and 21, Article 21 has to trump over Article 19," the Court added..The Court was hearing a plea filed by YouTuber and podcaster Ranveer Allahbadia, also known as BeerBiceps, in relation to the alleged obscene remarks made by him during an episode of Samay Raina's India's Got Latent. Along with Allahbadia's plea, the petition moved by Cure SMA India Foundation accusing Raina of insensitive remarks over the high-cost treatment for Spinal Muscular Atrophy was also listed. Raina is also alleged to have ridiculed a person with disability.The petition has also sought regulations for the broadcast of such online content in violation of the right to life and dignity of persons with disabilities. .In May, the top court had directed the Mumbai Commissioner of Police to ensure the presence of Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar aka Sonali Aditya Desai and Nishant Jagdish Tanwar in Court on the next date of hearing.Today, Raina and others were present before the judges. Their counsel sought time to file their counter affidavit to the Cure SMA India Foundation case."No further time shall be granted. Let rejoinder if any be filed after one week thereafter. Post the matter thereafter," the Court ordered, while accepting the request..However, the Court directed that Raina, Goyal, Ghai and Tanwar shall continue to remain present on the next date of hearing. It added that Thakkar can appear online "in view of peculiar facts and circumstances"."Any absence shall be viewed seriously," the Court warned. It also said that their conduct as alleged in the case will be scrutinised minutely."Individual conduct...we will scrutinize them minutely because issues pointed out by SMA is quite disturbing also," the Court said..In February this year, the Court had stayed the arrest of Allahbadia in relation to first information reports (FIRs) lodged against him in Maharashtra, Assam and Rajasthan for his obscene and vulgar remarks, but restrained him from doing shows.A few weeks later, the Court allowed him to resume his podcast, The Ranveer Show, provided that it does not breach general standards of morality and decency.