HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS

HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS

HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS

AUTHOR – SARTHAK BOBADE, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES (NMIMS)

BEST CITATION – SARTHAK BOBADE, HATE SPEECH REGULATION IN INDIA – LEGAL FRAMEWORK, DIGITAL CHALLENGES, AND SOCIETAL IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 852-862, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

How do we navigate the complex interplay between freedom of speech and the imperative to combat hate speech in India? This paper embarks on a multidimensional exploration, traversing the legal, digital, and societal landscapes to unravel the intricacies of hate speech regulation in the country. Delving into the labyrinthine corridors of legislation and jurisprudence, it scrutinizes the contours of hate speech laws, constitutional safeguards, and pivotal judicial pronouncements. But as the digital age ushers in unprecedented challenges, how do we regulate hate speech in the vast and nebulous realm of cyberspace? This inquiry navigates through jurisdictional conundrums, the transformative influence of online intermediaries, and the blurred boundaries of digital discourse. Beyond the legal realm, the paper illuminates the societal reverberations of hate speech, probing its corrosive impact on marginalized communities and the delicate fabric of societal cohesion. Yet, amidst these challenges, how do we forge a path forward? From legislative reforms to grassroots initiatives, it explores a spectrum of strategies aimed at fostering inclusivity, nurturing digital literacy, and cultivating empathetic dialogue. As the symphony of voices resounds across the digital ether, how do we harmonize the cacophony of conflicting interests and aspirations? This paper aspires to provide a resonant chord, weaving together insights from legal precedents, digital dynamics, and societal perspectives to chart a course towards a more equitable and compassionate society. In its essence, this paper is not merely an academic pursuit but a clarion call for collective introspection and concerted action. How do we reconcile the soaring ideals of free speech with the imperative to confront hate speech? Join us on this odyssey as we navigate the enigmatic waters of freedom, expression, and the quest for a more just and harmonious society. In 2023, India recorded 668 documented hate speech events that targeted Muslims, according to a report released by India Hate Lab, a Washington DC-based group that documents hate speech against India’s religious minorities. The report, titled ‘Hate Speech Events in India’, noted that while 255 events took place in the first half of 2023, “the number rose to 413 in the second half of the year, a 62% increase”. India is characterized by abundant cultural, linguistic, and religious diversity. The importance of understanding the impact of hate speech in this context should not be underestimated. Hate speech might have a dramatic effect on social harmony, individual well-being, and the democratic fabric of a nation, with a disproportionate impact on minorities and marginalized communities. Researchers agree that exposure to hate speech may be associated with political radicalization and political violence.