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Navigating Content Creation: Legal And Platform Regulations On Hate Speech And Offensive Material In India


 


Priyanshi Gupta, B.A. L.LB., Dharmashastra National Law University, Jabalpur, Madhya Pradesh


ABSTRACT


In the digital age, online influencers wield significant power in shaping public opinion, but this influence also brings challenges, particularly concerning the spread of misinformation. This paper examines the legal regulations imposed on platforms in response to the spread of misinformation by online content creators in India—a country already deeply divided along various socio-political lines.


Misinformation spread by online influencers has become a potent tool that exacerbates societal rifts. Recent statistics reveal that false information can significantly impact public perception and behaviour. For instance, a 2023 report by the Media Matters Foundation indicated that 40% of Indian social media users had encountered misinformation related to health, politics, or communal issues, often leading to increased polarization and social unrest. The dissemination of misleading or inflammatory content not only misguides the public but also jeopardizes societal harmony.


This paper investigates whether online content creators can be held accountable for the dissemination of partial or false news, often driven by the quest for views and engagement rather than factual accuracy. We analyse the current legal frameworks, including provisions under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act (IT Act) that address hate speech and offensive material.


In conclusion, we propose actionable recommendations to mitigate the impact of misinformation, hate speech and offensive media. These include strengthening legal accountability for content creators, creation of dedicated institutions, among others. Addressing these issues is intended to create a more informed and cohesive society, thereby lessening the divisive effects of misinformation.




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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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