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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