BALANCING FREE SPEECH WITH HATE SPEECH AND DEFAMATION: AN INDIAN PERSPECTIVE
AUTHOR – MR. VIJAYKUMAR METI, STUDENT AT SMT. BASAMMA GURULINGAPPA LAW COLLEGE, LINGASUGUR. KARNATAKA
BEST CITATION – MR. VIJAYKUMAR METI, BALANCING FREE SPEECH WITH HATE SPEECH AND DEFAMATION: AN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1227-1240, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The interplay between free speech, hate speech, and defamation presents a dynamic and complex challenge, especially in the context of India’s diverse and rapidly evolving digital landscape. This paper delves into the intricate legal and social dimensions of this issue, examining the delicate balance between protecting free expression and preventing harm. The discussion explores the profound impact of social media, with its global reach, rapid dissemination, and tendency to create echo chambers that amplify harmful speech.
By investigating international best practices, such as Germany’s stringent NetzDG law and the robust free speech protections in the United States, the paper provides comparative insights that can inform India’s regulatory approach. It emphasizes the need for precise and narrowly tailored legislation, judicial oversight, independent regulatory bodies, and enhanced digital literacy to address the multifaceted challenges posed by hate speech and defamation in the digital age.
Ultimately, this paper advocates for a multi-faceted and collaborative approach, involving legal reforms, active participation of intermediaries, and civil society engagement. By adopting these strategies, India can strive to protect the fundamental right of free speech while effectively mitigating the harms caused by hate speech and defamation. This nuanced exploration aims to provide a comprehensive framework for policymakers, legal scholars, and digital platform stakeholders, fostering a balanced and informed discourse on one of the most pressing issues of our time.
Keywords: Free Speech, Hate Speech, Defamation, Social Media Regulation, Digital Literacy, Comparative Legal Frameworks, NetzDG Law, Content Moderation, Online Harm, Legal Reforms