In recent years, hate speech in all its varieties has acquired a systemic presence in the media and the internet, from electoral campaigns to everyday life. There is no international legal definition of hate speech and the characterization of what is ‘hateful’. It can be understood as any kind of communication in speech, writing or behavior that attacks or uses discriminatory language with reference to a person or a group on the basis of their religion, ethnicity, nationality, race, color, descent, gender, or other identity factor.
Laws to curb hate speech:
- The Indian Penal Code, as per Sections 153A, 295A and 298, criminalises the promotion of enmity between different groups of people on grounds of religion and language, alongside acts that are prejudicial to maintaining communal harmony.
- Section 125 of the Representation of People Act deems that any person, in connection with the election, promoting feelings of enmity and hatred on grounds of religion and caste is punishable with imprisonment up to three years and fine or both.
- Section 505 criminalises multiple kinds of speech, including statements which are likely to incite, class or community violence and inter-community hatred. It covers incitement of violence against the state or another community, as well as promotion of class hatred.
Addressing hate speech does not mean limiting or prohibiting freedom of speech. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence. The following remedial measures can be adopted:
- Addressing root causes: Govt. should adopt a common understanding of the root causes and drivers of hate speech in order to take relevant action to best address and mitigate its impact.
- Using technology: Technological innovation and private sector actors, including social media companies should be used to understand the relationship between the misuse of the Internet and social media for spreading hate speech.
- Awareness generation: should promote non-discrimination, intercultural, inter-faith and intra-religious dialogue and mutual understanding through education and mass mobilization.
- Proactive leadership: Leaders should discuss within their communities the causes of discrimination and evolve strategies to counter them.
Hate speech and its consequences, including violence and discrimination, are serious human rights concerns and a menace to democratic values, social stability, and peace. It must be unambiguously condemned. A proper definition of hate speech, as well as the implementation of law, would be helpful to deal with this menace.
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