Where does free speech end and vulgarity begin? Supreme Court moots expanding scope of BeerBiceps case

The Supreme Court on Monday hinted that it may examine the issue of whether additional safeguards need to be put in place to ensure that obscene content is not broadcast online or other public media under the garb of free speech. .A Bench of Justices Surya Kant and NK Singh took note of the issue while hearing a plea filed by YouTuber and podcast show host Ranveer Allahbadia, also known as BeerBiceps. .Allahbadia had moved the Supreme Court for relief after several criminal cases were filed against him across the country over allegedly obscene remarks made by him during an episode of India's Got Latent. The controversial episode shot on November 14, 2024 at Khar Habitat but aired recently, saw consistent use of abusive language by the show’s panel, including Allahbadia, comedian Samay Raina, YouTuber Ashish Chanchlani and others.The Court had earlier granted interim protection to Allahbadia in the matter.Solicitor General (SG) Tushar Mehta today argued that Allahbadia's comments were not just vulgar but perverse, adding that additional regulations may have to be put in place to prevent such debacles in future."Something needs to be done. Some guidelines need to be laid. Our notions of morality are far different from other countries. In US, burning the flag is a fundamental right under first amendment and it is a criminal offence here," he said.The Bench found some substance in SG Mehta's concerns but added that any additional regulation should not end up violating the freedom of speech guaranteed under Article 19 of the Constitution."We don't want any regulatory regime which is about censorship.. but it also cannot be a free for all platform," Justice Kant said.The judge observed that in any case, even free speech is subject to duties and reasonable exceptions, including that obscene speech or speech violating morality is not permitted."If you see Article 19(4), it has restriction of public order or morality. This is the afterthought of the Constitution makers. It is such a wonderfully drafted document and we need to respect the (wish) of the makers which represents the will of the entire Indian citizenry," he said.The Court, therefore, urged SG Mehta to come up with suggestions to ensure that such reasonable exceptions to free speech are properly enforced.The Bench added that any regulatory measures on these issues should involve consultations with stakeholders and debate in the public domain."We have requested SG to deliberate upon and suggest such measures which shall not impinge the fundamental right of free speech and expression but also be effective enough to ensure that it is within bounds of Article 19(4). Any draft regulatory measures shall be brought in public domain to invite suggestions from all stakeholders before taking any legislative or judicial measure in this regard. We are inclined to expand the scope of this proceeding," the Court's order said..There are some people who are writing articles on free speech etc. We know how to handle them also.Supreme Court.The Bench also briefly took note of those who have been making critical comments on the initiation of criminal proceedings against Allahbadia and others co-accused. The Court remarked that the case was not just about free speech but also about its accompanying duties. "There are some people who are writing articles on free speech etc. We know how to handle them also. Every fundamental right is followed by duty. There are restrictions also," Justice Kant said. The judge added that there was even commentary on this case abroad. "One of them went to Canada and spoke about all of this .. These young and over smart ones think they know more," he said. The Court was referring to Samay Raina, who had made comments about the case in Canada. "Yes, he went abroad and made fun of this proceeding," SG Mehta observed. "Possibly, they do not know the jurisdiction which this court enjoys," the Bench remarked. .Before adjourning the case for the day, the Court clarified that earlier orders granting interim protection to Allahbadia will continue. It also relaxed an earlier condition that banned the YouTuber from doing any shows by saying that Allahbadia could resume hosting his podcast (The Ranveer Show), provided it does not contain any content that could breach general standards of morality and decency.Further, the Court warned that no comments should be made on the case that remains pending before it. "Interim protection to continue. We also make it clear that no direct or indirect shows can be conducted which has bearing on merits of the case," the Bench ordered. Read more about today's hearing here..[Read Live Coverage]