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Navigating The Boundaries Of Reasonableness: A Critical Analysis Of The Reasonable Person Test In Hate Speech Laws In India




Devanshi Bhatia, Jindal Global Law School, Sonipat


ABSTRACT


This research paper critically examines the application of the reasonable person test within the legal framework of hate speech laws in India. Hate speech, a complex issue entwined with the right to freedom of expression and the imperative to prevent the dissemination of harmful speech, necessitates a nuanced analysis of the reasonable person standard. This paper explores the historical and legal foundations of hate speech laws in India, with a specific focus on the reasonable person test’s role in adjudicating instances of hate speech. It delves into the challenges and controversies surrounding the subjective nature of the reasonable person standard and its potential impact on freedom of expression. By analysing relevant legal precedents and current jurisprudential trends, this research aims to contribute valuable insights to the ongoing discourse on the intersection of free speech, hate speech, and the reasonable person test in the Indian legal landscape.


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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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