The Supreme Court on Monday allowed YouTuber Ranveer Allahbadia, better known as BeerBiceps, to resuming hosting his podcast, The Ranveer Show, provided he ensures that it does not breach general standards of morality and decency.
A Bench of Justices Surya Kant and NK Singh passed the order on a petition filed by Allahbadia after he faced multiple criminal cases across the country for controversial remarks made by him and others part of a judges’ panel for an episode of India’s Got Latent.
The Court had earlier granted him interim protection from arrest on several conditions, including that he cannot appear in any show.
Today, his counsel, Advocate Abhinav Chandrachud argued that this condition was affecting not only Allahbadia’s livelihood but also those of his 280-odd employees.
The Court took note of the concern and told Allahbadia that he may resume his podcast, provided that the podcast content does not contain any vulgar content.
“As of now petitioners were restrained from airing any shows. Subject to the petitioner furnishing an undertaking that his podcast shows will maintain the desired standards of morality and decency so that viewers of any age group can watch, the petitioner is permitted to resume the Ranveer Show,” the Court ordered.
The Court today also hinted that it may expand the scope of the present case to examine whether some regulation should be put in place to prevent similar instances of obscene speech being broadcast.
The Court asked Solicitor General (SG) Tushar Mehta to suggest measures to do this without infringing on the Constitutionally guaranteed freedom of speech and expression.
“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) of the Constitution. Any draft regulatory measures shall be brought in the 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 said.
The controversial episode of India’s Got Latent under scrutiny now before the top court was shot on November 14, 2024, at Khar Habitat but aired more recently.
Apart from Allahbadia, YouTuber Ashish Chanchlani had also approached the top court seeking to quash an FIR filed against him in Assam, arguing that a similar FIR was first registered in Mumbai.
He had alternatively requested for the transfer of the FIR to Mumbai. The Gauhati High Court had earlier granted him anticipatory bail.
During the last hearing of the matter, the Supreme Court had sharply criticized Ranveer Allahbadia over the obscene remarks made in the show, stating that his language was degrading and reflective of a “perverted mind.”
The Bench had also questioned whether unrestricted vulgarity could be defended as artistic expression and remarked that the words used were deeply offensive to society, parents and women.
Nevertheless, it had granted interim protection to Allahbadia but barred him from doing any show.
The Court today allowed him to resume his show thereby, relaxing the condition set earlier.
Pertinently, the Court said it was inclined to expand the scope of the case to examine the boundaries of permissible free speech.
The Court took note of a submission by SG Mehta that some regulatory measures may be required to prevent the telecast of programmes that breach known norms of Indian society.
SG Mehta, who appeared for the governments of Maharashtra, Assam and Rajasthan argued that the remarks in focus were not just vulgar, but perverse.
“Humour is one thing, vulgarity is one thing, and perversity is another level,” he added.
“We hope he (Allahbadia) may have repentance for what he has done. Now, on his own channel.. he will not use any language.. which does not violate moral fabric of society…irrespective of age group,” the Bench replied.
SG Mehta added that he would not object to any such direction by the Court, but added that something needs to be done on the larger aspect of curbing obscene content on public shows.
“Something needs to be done. Some guidelines needs to be laid. Our notions of morality are far different from other countries. in US burning flag is a fundamental right under first amendment and it is a criminal offence here,” SG Mehta said.
The Bench agreed that the matter may need a closer look.
“We don’t want any regulatory regime which is about censorship.. but it is also cannot be a free for all platform,” Justice Kant added.
The judge went on to observe that humour and obscenity do not have to go hand in hand.
“There is a person who is now 75 and does a humourous show.. you should see how it is done. Full family can watch it. That is what talent is. Using filthy language is not talent. There is element of creativity and talent,” Justice Kant said.
“There are so many comedians who employ good behavior and critique the government strongly,” SG Mehta said, in turn.
The Bench agreed with SG Mehta that some measure should be put in place, although it should not amount to censorship.