By Anil Merani: Recently, many Indian influencers have been using provocative language and then offering apologies when they face legal consequences, hoping for leniency. They often cite their youth as a reason, but legally, being over 18 means they are fully accountable as adults.
Context and Examples
Influencers use platforms like Instagram, YouTube, and X to attract attention with controversial content that can cross legal or ethical boundaries. These platforms play a significant role in the dissemination and moderation of such content. Notable cases include:
– Sharmistha Panoli (2025): Arrested for making controversial remarks; her apology did not prevent legal action, leading to calls for stricter hate speech laws.
– Bhavin Gajera (2025): Faced charges for using obscene language, demonstrating that apologies do not shield repeat offenders from facing consequences.
– Jaspreet Kaur (2024): Received backlash for making insensitive comments about COVID-19, illustrating public intolerance for provocative content.
– Ranveer Allahbadia and Samay Raina (2025): Under investigation for their obscene comments, highlighting that even prominent influencers are subject to scrutiny.
Legal Framework
India’s laws restrict free speech under Article 19(2) for reasons related to public order, decency, and defamation. Key laws include:
– IPC Sections 295A, 499, 153A: Address issues related to religious outrage, defamation, and promoting enmity.
– BNS Section 294/296: Covers obscene content, which can be subjectively interpreted.
– IT Act, 2000: Holds influencers accountable for harmful content, even after the repeal of Section 66A.
– Consumer Protection Act, 2019: Requires transparency in sponsored content.
– ASCI Guidelines: Demand qualifications for health claims.
Apologies rarely negate legal consequences, especially for severe or repeated offenses.
Youth and Accountability
Legally, individuals over 18 are fully accountable, and courts emphasize responsibility over age-based leniency. Influencers’ apologies often aim to calm public outrage but do not erase liability, as evident in recent arrests.
Societal Dynamics
– Provocative Content: Influencers like Kajal Pandey tackle bold topics for attention, risking backlash for indecency.
– Impact: Such content can normalize harmful discourse, particularly among young audiences.
– Platform Role: Inconsistent moderation raises concerns about fairness.
– Legal vs. Public Response: Apologies may soothe public anger but do not influence court decisions in cases of defamation or obscenity.
Critical View
The cycle of provocation and apology reflects a pursuit for clout, relying on the public’s short memory. However, legal crackdowns are intensifying, and the appeal of youth as a defense holds no weight in court. While some influencers aim to challenge societal norms, reckless content can often lead to harm, and vague laws risk stifling free speech.
Recommendations
– Understand legal limits (IPC, BNS, IT Act).
– Verify sensitive claims, especially regarding health matters.
– Clearly disclose sponsorships.
– Create constructive content rather than purely shocking content.
– Anticipate legal consequences beyond mere apologies.
Conclusion
Indian influencers are facing increasing legal scrutiny for provocative content, with apologies failing to absolve them of responsibility. Being over 18 means they receive no leniency, and public tolerance is waning.