Ravi Prakash Rahul & Deepak Jaisal, Ph.D. Research Scholars, Dr. Ram Manohar Lohiya National Law University, Lucknow
ABSTRACT
The social networking has become a medium for people to share their stories, for news channels to provide daily information and it has provided an opportunity to victims to come forward openly about their experiences. However, there are several negative forces attached to social networking as well. Hate speech is one such atrocious act carried out on social media where people use abusive and derogatory languages for others merely for the reason that something is not according to their point of views or opinions.
Hate speech is on a different tangent in India, from Virat Kohli’s “Leave India” statement for a cricket fan to celebration of Gauri Lankesh’s assassination and even “How’s the Jaish” tweets after the tragedy of Pulwama Attack. Hate speech often disturbs peace and harmony among the people and it is one of the most problematic issues which are rising in the current social networking era which requires due recognition. Authorities need to tackle this issue appropriately, as what is generally offensive and derogatory to one, is not offensive and derogatory to others. There can always be just a difference of opinions among the people and nothing derogatory about it at all, which is why the Indian Supreme Court struck down the draconian section 66A of the Information Technology Act, 2000 in Shreya Singhal v Union of India1 as unconstitutional. The question then arises is what should be and what should not be considered as hate speech; and how to appropriately prevent this problem?
In this research paper, the researcher will make an attempt to evaluate the issues related to hate speech through the medium of social media in India. Further, the researcher will analyse the provisions of Indian provisions to understand the legal position of hate speech. The researcher will include judicial precedents and real-life scenarios to provide more clarity on the current position, to understand the extent of hate speech in India and to provide solutions on this regard.
Keywords: Cyber-bullying, Fake News, Public Incitement, Free Speech, Disharmony, Social Media Intermediaries, Media Literacy
Comments