Hate speech

Definition of Hate Speech:
Any expression causing injury/disharmony against a person or group on grounds of religion, race, caste, gender, sexual orientation, place of birth, disability.
Collective Liability:
Persons in positions of responsibility in an organisation can be held liable if hate speech is linked to their organisation.
Regulation of Online Content:
Empowers State Govt. to block or remove hate content online.

What is Hate Speech?

As per Law Commission 267th Report (2017):
Speech/acts meant to stir hatred against groups based on race, ethnicity, gender, religion, sexual orientation, etc.

Constitutional Basis

Article 19(1)(a): Freedom of speech.
Article 19(2): Reasonable restrictions for sovereignty, public order, decency, incitement to offence, etc.

Existing Legal Provisions Against Hate Speech

Bharatiya Nyaya Sanhita (BNS), 2023:
Section 196 (ex-153A IPC): Promoting enmity between groups.
Section 299 (ex-295A IPC): Outraging religious feelings.
SC/ST (Prevention of Atrocities) Act, 1989: Punishes intentional insults/humiliation of SC/ST individuals.
Protection of Civil Rights Act, 1955: Penalises incitement of untouchability.
Representation of People Act, 1951: Conviction for promoting enmity can lead to disqualification.
IT Act, 2000: Section 66A (struck down in Shreya Singhal, 2015).

Important Supreme Court Judgments

Shaheen Abdulla (2022): SC directed police to take suo motaction in hate speech cases.
Tehseen Poonawalla (2018): Guidelines to curb hate-crime-linked mob lynching.
Pravasi Bhalai Sangathan (2014): SC asked Law Commission to examine the need to define “hate speech”.
Shreya Singhal (2015):
Struck down Section 66A, holding it vague and unconstitutional.

Hate Speech