The Supreme Court emphasized the need to balance morality with freedom of expression while calling upon the Centre to take this into consideration prior to formulating guidelines for online content. The court's observation follows the YouTuber Ranveer Allahbadia controversy over his indecent comments on a comedy show.

The 31-year-old YouTuber, who was earlier denied permission to shoot new episodes of The Ranveer Show, has now been allowed to continue. But the court ordered that he should give an undertaking that his content would be in line with moral values, and hence acceptable for viewers of all ages.

Allahbadia, also famously referred to as The BeerBiceps Guy, was in the middle of a storm after he made an insensitive comment on the roast show India's Got Latent, which was hosted by comedian Samay Raina. His question to a contestant—"Would you rather watch your parents have sex every day for the rest of your life or join in once and stop it forever?"—sparked outrage on social media.

A short clip of the incident went viral, with viewers decrying the acceptability of coarseness in the name of comedy. Several police complaints were lodged against Allahbadia, Raina, and the rest of the team. Allahbadia issued a public apology, owning up to his statement as inappropriate and not even funny.

"I shouldn't have made what I made on India's Got Latent. Sorry," he tweeted on X. In a video apology, he further said, "My remark wasn't only improper, it wasn't even humorous. Humor is not my area, I am merely here to apologize."

In the hearing, Allahbadia's attorney, Abhinav Chandrachud, urged that the restrictions placed on his podcast be removed since his show utilizes almost 280 individuals.

Speaking on behalf of the Centre, Solicitor General Tushar Mehta criticized Allahbadia's comments, saying,  "It was not vulgar, but perverse." He further added, "I saw the show out of curiosity. Humor is one thing, vulgarity is one thing, and perversity is another level. Let him stay quiet for some time."

The Supreme Court laid stress on the fact that even though free speech is a fundamental right, it is accompanied by responsibilities and restrictions. "We don’t want any regulatory regime which is about censorship, but it also cannot be a free-for-all platform," said Justice Surya Kant.

Complaining against the use of curse words, the court added,  "There is a person who is now 75 and does a humour show. You should see how it is done. The full family can watch it. That is what talent is. Using filthy language is not talent."

The court said that the guidelines must be formulated with inputs from all concerned stakeholders, such as the legal fraternity and creators of content. "Let us see what society is capable of taking in and what can be fed. Let us invite the people, bar, and other stakeholders to see what measures are needed," the bench noted..

The Constitution permits reasonable limits on free speech in the public interest of morality and order, the judges said. They instructed the Solicitor General to recommend steps that honor the fundamental right to free expression while keeping content within moral limits.

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