KEY DETAILS AND INSIGHTS
By Bhoomi Jain
Legal Intern, Singhania & Co.
INTRODUCTION
An Indian Youtuber, podcaster, and co-founder of Monk Entertainment Ranveer Allahabadia, known as BeerBiceps, recentlymade certain remarks about parents and sex on Comedian Samay Raina’s show “India’s Got Latent”. A particular question asked by Ranveer did not sit well with the social media users and triggered widespread outrage on the internet. As the backlash intensified, Mr Allahbadia put up an apology video on his social media accounts for his remarks, however, the apology failed to subside the controversy.
The comedian Samay Raina also posted on his social media stating that he has removed all the videos of his show India’s Got Latent that his only objective was to make people laugh and he will fully corporate with all agencies.
LEGAL ACTION
Multiple First Information Reports (FIRs) were registered against Mr Allahabadia, Samay Raina and others including influencer Apoorva Makhija popularly known as the Rebel Kid, Jaspreet Singh and Ashish Chanchlani in Maharashtra, Assam, and Rajasthan under various provisions of the obscenity laws in India. Laws regulating obscenity in India are as follows:
- Section 294 of Bharatiya Nyaya Sanhita (BNS), 2023: criminalisesany obscene act or any person who sings, recites or utters any obscene songs or words in or near any public place.
- Section 67 and 67A of the Information Technology Act, 2000: criminalise publication or transmission of any obscene or sexually explicit material in electronic form which is likely to have an effect or appeal to prurient interest or corrupt people’s minds.
- The Indecent Representation of Women (Prohibition) Act, 1986 bans indecent portrayal of women in any form of media.
SUPREME COURT’S VIEWS
Mr Allahabadia has hired Abhinav Chandrachud as his attorney and moved to the Supreme Court seeking interim reliefs and for consolidation of FIRs. Since the Guwahati Police had already issued summons to him and other participants involved in the show, Mr Allahabadia also sought anticipatory bail.
The Division bench, comprising Justice Surya Kant and Justice N. Kotiswar Singh, heard the case on February 18, 2025. The bench berated and strongly criticized Mr Allahabadia’s remarks and categorized them as “vulgar”, “filthy” and “dirty mind, perverted”. The bench states “the words used, the parents will feel ashamed, the sisters and daughter will be ashamed. The entire Society will feel ashamed. It shows a perverted mind. There is something very dirty in the mind, which has been vomited by him in the program.”
Abhinav Chandrachud said that as the officer of the court, he was personally disgusted with the content, and does not mean to defend the morality in question here however, points out a series of death threats, physical attack and acid attack threats against co-accused. Mr Allahabadia’s mother has been abused in her clinic by people posing as patients. He also argued that the remarks made on the show were locked behind a paywall which means it was available only to adults who paid a subscription fee to watch it. It was never meant for a general audience.
The controversy began when subscribers shared a 10-second clip from the 45-minute episode on YouTube. He drew a parallel to Nupur Sharma’s case and stated that her remarks were far worse and the moment there was a second FIR it was treated as an abuse of process. The Bench unimpressed by the argument said that just because he is popular does not mean that society should be taken for granted in the name of freedom of speech. No one has license to speak whatever they want against the norms of society. Justice Kant said “If this is not obscene, then what is? These are the levels of depravity you and your henchmen have gone to.
The rule of law and system has to be followed. We are not in the ivory towers we know from various sources how he has tried to copy it from an Australian programme and from there, he has tried to pick up some actor’s dialogue. some societies take measures to warn audiences about potentially inappropriate content. These are all copied programmes when you are doing it, then you must warn and take precautions.”
The Supreme Court granted interim protection from the arrest in connection with the FIRs lodged against him and also directed that no new FIRs must be filed against Ranveer Allahabadia. Despite granting reliefs, the bench issued gag orders against Ranveer Allahabadia and other participants restricting them from posting any content relating to the controversial YouTube show “India’s Got Latent” on social media until further orders and also asked Ranveer to deposit his passport to the authorities restricting him from leaving the country without prior permission.
On February 21, 2025, The Supreme Court also tagged along Ashish Chanchlani’s plea, for quashing or transferring FIRs filed in Guwahati to Mumbai, along with Ranveer Allahabadia’s pending case. Guwahati High Court also granted interim protection and asked him to be present before the investigating officer within 10 days in response to an anticipatory bail petition filed by Ashish Chanchlani.
NEED FOR REGULATING SOCIAL MEDIA CONTENT
The Supreme Court highlighted the importance and urgency of regulating obscene and vulgar content on YouTube and other social media platforms. There is a vacuum in the existing regulations that needs to be addressed.
Amid the ongoing controversy, the Parliamentary Standing Committee on Communications and Information Technology, led by BJP MP Nishikant Dubey, on February 13, 2025, requested the Ministry of Information and Broadcasting (I&B) to propose amendments to existing laws to control and curb the circulating of the controversial content on emerging media platforms like Instagram, YouTube and X and also to ensure that crass comments like that of Ranveer Allahabadia do not recur on the social media.
The committee also wrote to S Krishnan, the Secretary of the Ministry of Electronics and Information Technology (MeitY), to provide a brief report on the effectiveness of current laws in handling controversial cases, as well as the need for amendments in the IT Act of 2000 and other steps to regulate and monitor obscene, indecent, vulgar, and defamatory content on digital and social media platforms. The aim was to safeguard societal values and protect the dignity of women and children while adhering to the creative expression and freedom of speech under Article 19 (1) (a) of the Indian Constitution. The Ministry of I&B also asked social media and OTT platforms to follow the Code of Ethics under IT rules 2021 and to implement A-rated content to prevent children from watching inappropriate content and also prevent transmission of any age-classified content and any content prohibited by law.
CONCLUSION
In conclusion, the Ranveer Allahabadia case highlights the growing need for stricter regulations and accountability in the newly emerging digital and social media landscape. The controversial comments sparked public outrage, underscoring the potential harm to the creative industry online. This case has prompted legislation to reconsider existing laws and proposed amendments to ensure that social media platforms and creators are held responsible for content that could undermine societal values.
However, the law is viewed and framed from the perspective of a reasonable person, but given the subjective nature of certain things like obscenity and vulgarity determining reasonability becomes complex. Every content made on social media is for a specific audience and how each individual reacts to the content widely varies, so, how can legislation balance reasonableness and objectivity in shaping obscenity laws, especially when people’s interpretations differ based on their diverse upbringings and beliefs? Moving forward, it will be essential to strike a delicate balance between creative freedom, freedom of speech, and protecting the public from harmful or offensive material, fostering a more respectful and responsible online environment.
Sources
https://timesofindia.indiatimes.com/india/after-scs-ranveer-allahbadia-rap-panel-seeks-centre-note-on-law-tweak/articleshow/118398022.cms
https://www.livelaw.in/top-stories/supreme-court-india-got-latent-row-youtuber-ashish-chanchlani-plea-against-assam-fir-284587
https://www.thehindu.com/news/national/ranveer-allabadia-case-what-has-supreme-court-previously-ruled-on-onerous-conditions-and-gag-orders/article69237144.ece/amp/
https://www.scobserver.in/journal/supreme-court-slams-youtuber-ranveer-allahbadia-for-obscene-remarks-grants-interim-protection/
