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A Critical Analysis On Online Hate Speech In India In Relation To Article 19




N. Rifa, Christ University, Bangalore


ABSTRACT:


“There is a fine line between free speech and hate speech. Free speech encourages debateswhereas hate speech incites violence” -Newton Lee


The Internet has brought about a significant transformation in the way people communicate, completely changing the dynamics of interaction and information sharing by enabling global connectivity in an instant. Presently, social media platforms like Facebook, Twitter, YouTube, Instagram, and Snapchat, utilized by approximately two billion people, have become central for creating and disseminating content while fostering connections. However, these platformsare grappling with the challenge of managing hate speech and false news, which has become a major global concern for governments. Controlling hate speech has proven to be a complex and demanding task. Hate speech, the expression of offensive or derogatory statements targeting individuals or groups based on their characteristics, has thus been a contentious issueworldwide. In the context of India, a diverse and pluralistic society, the Constitution provides for the fundamental freedom of speech and expression to all its citizens. Freedom of speech and expression is considered crucial because it establishes individuality of a person and helps him to arrive at the truth. It aids in the democratic process. The Constitution also defines the limits of freedom of expression while ensuring social harmony. The emergence of online hate speech in India has presented a multifaceted challenge to the fundamental rights enshrined in the Indian Constitution. This research paper explores the intersection of online hate speech and the Constitutional provisions governing freedom of expression, analyses the legal framework, identifies challenges in enforcement and illustrates the complex dynamics surrounding the issue.


Keywords: Hate speech, online, Indian Constitution, challenges, regulatory framework.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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