At present, contrary to widely held misimpressions, there is not a category of speech known as “hate speech” that may uniformly be prohibited or punished. Hateful speech that threatens or incites lawlessness or that contributes to motive for a criminal act may, in some instances, be punished as part of a hate crime, but not simply as offensive speech.
Hate speech traditionally means any speech expressing hatred of a particular group of people. It is abusive or threatening speech that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation. Unfortunately, defending freedom of speech means defending any and all speech equally, even that which may be regarded as unbearably offensive. Examples of hate speech include name-calling and racial slurs, though occasionally symbols like the swastika and burning crosses are called into question as to whether or not they are truly examples of hate speech, as these symbols are given a negative connotation from the situation in which they are used.
There has been much debate over freedom of speech, hate speech and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or which disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a group based on certain characteristics In some countries, hate speech is not a legal term. Additionally, in some countries, including the United States, much of what falls under the category of "hate speech" is constitutionally protected. In other countries, a victim of hate speech may seek redress under civil law, criminal law or both.
The Indian Constitution grants varied fundamental freedoms to the citizens of India. Right to freedom is one of the most fundamental freedoms enshrined in the Indian Constitution which provides with the freedom of speech also .The right to freedom ensures rights for people to lead a life with dignity.
In India, the Supreme Court has held strongly to the view that our nation believes in the public exchange of ideas and open debate that the response to offensive speech is to speak in response. The dichotomy—society generally favoring free speech, but individuals objecting to the protection of particular messages—and the debate over seems likely to continue. The Freedom of speech and expression enables an individual to openly share his or her views, with some reasonable restrictions.
It is an essential right in a democracy, and is granted by Article 19(1)(a) of the Constitution of India to the people of India.
The term “hate speech” is something which has been used since old times, but it is renewed from time to time in nations like during the Black Lives Matter movement and the Me Too movement. These movements have raised consciousness and promoted national dialogue about racism, sexual harassment, and more. With the raised awareness come increased calls for laws punishing speech that is racially harmful or that is offensive based on gender or gender identity.
The issue of defamation is a similar problem to that of hate speech in one respect: it is an area where freedom of expression may legitimately be limited for the protection of the rights of others. Yet it does not have some collective implications in an election campaign.
Defamation and hate speech on social media have serious consequences – being dragged to court, losing your job, having your business boycotted or even jail time. Your right to freedom of expression only gives you limited protection. There are very few defenses to hate speech and your right to freedom of expression is certainly limited in this case. Very recently, the Equality Court found a pastor in Cape Town in contempt of a court order because he made hateful statements against gays and lesbians. Hate speech is a kind of group libel that defames the members of the targeted group.
Defamation, loosely defined, is the dissemination of a falsehood about a person or group that damages the person’s or group’s reputation. In legal theory, a distinction is drawn between slander, which is oral defamation, and libel, which is defamation published in print, writing, or broadcast through radio, television, film or the public internet.
According to the increase in the hate speech around the world, it is necessary to have strict laws .In the recent years, hate speech is mainly much in use during the time of election campaigns as well as for the people who are freely accepting their identities as being bisexual and transgender in front of others in the society.
Rysha Gaur
I’m Rysha Gaur, 3rd year BBA. LLB. student from Bharati Vidhyapeeth, Institute of Management and Research, Department of Law, New Delhi. It’s been a privilege to work and be a part of YOLO.