INTRODUCTION
ABSTRACT
The core basis of free speech is the freedom to envision, talk unobstructedly, and gain knowledge without fear of repercussions, constraint, or repression by the government. People can unite together through free speech to gain legitimacy, enhance their morality, and assist others to become ethical and enlightened individuals. The first necessity of liberty is freedom of expression. It is stated of freedom of expression that it is the progenitor of all other rights as it takes up a favored and significant aspect in the echelon of liberty. As freedom of expression facilitates the sharing of different ideas, it is thus crucial for the enjoyment of personal autonomy and is an important topic at the heart of every democracy. Freedom of speech is a widely utilized right to talk about people without fear of reprisal, censorship, or government action. There can't be any change in things like color and ethnicity. they're just part of who we are as humans. Having someone attack over something you have no control over, there's nothing but sheer malice. Attempts to threaten or instigate violence against a person whose qualities are protected can dehumanize, which is precisely what the assailants intend. Simply put, it is simpler to victimize someone when you look at them as less than human. Some proof that hate speech can foretell abuse. Hate speech is understood as a discourse that is viewed as destructive to the social and ethnic groups of people, such as sex, gender identity, handicap, language, ideology, age, ethnicity, nationhood, race, religion, sexual orientation, etc The definition includes both written and oral discourse and certain sorts of public conduct. Hate speech presents very complex issues that push the restrictions on freedom of expression and are contrary to the mandate of a human right. In this regard, the researchers will try to investigate the distinction between hate and freedom of speech carefully and will strive to clarify laws in India and around the world that address this topic.
RESEARCH OBJECTIVE
The research objectives that the researcher is going to comply with are given as follow –
1. To study the concerned topic thoroughly
2. To analyze the various legislation in India and Abroad.
3. To observe hate speech under the jurisdiction of Article 19
4. To look into the various instances of hate speech at the ground and cyber levels
5. To study the heinous impact of hate speech on the society
6. To understand whether hate speech can be protected as free speech
RESEARCH QUESTIONS
1. How is hate speech defined? Are hate speech and hate crime different?
2. How is hate speech dealt with under Article 19? What impact does it have on society?
3. What were some of the major instances at the ground and cyber levels where article 19 was violated for hateful speech?
4. What are the different laws created in India along with other countries in accordance to hate speech?
5. Can Hate speech be considered free speech?
RESEARCH METHODOLOGY
The researcher follows a qualitative analysis approach. Qualitative analysis is a research method of social science that collects and analyses non-numerical data to draw value for social life by analyzing individual populations and locations. This type of research has been particularly interesting as it allows people to understand the meaning of their behaviors, conduct, and relationships. In addition, qualitative analysis attempts at identifying the meaning behind the behavior or effects normally determined by the quantitative study. In this way, qualitative scientists analyze the significance, attitudes, images, social constructs, and links. On the positive hand, it enables a deeper understanding of everyday feelings, behaviors, perceptions, activities, and social processes. It helps social scientists to understand how social factors like social structure, social order, and diverse social forces affect everyday life. The benefit of this set of solutions is also that they respond to changes in the research process.
LITERATURE REVIEW
The researcher went through the following articles to get in-depth knowledge about the concerned topic.
1. “Free Speech and Provocation” by A.G Noorani – JSTOR This article talks about the minute difference that exists between free speech and provoked speech which often helps certain people or organizations in spreading hatred among individuals or communities. It also talks about foul language, real provocation, and acceptance of the special value of freedom of speech. The following lines from the article depict it well.
“Foul language is the jargon of fascists who detest free debate. True enough that sheer abuse or racial or communal libel is not permissible. The true test is whether the speech is a real provocation to violence”
2. “Free Speech and Ideology: Society, Politics, Law – By Dario Mazzola” - This article analyses the relationship between free speech and society based on two factors i.e., politics and law globally. It brings about the subject matter at the most basic level of understanding making it very useful for the researcher
3. “Hate Speech and Freedom of Expression: Balancing Social Good and Individual Liberty - M.K. Bhandari and Mithilesh Narayan Bhatt” - SSC ONLINE - This article talks about how Hate language is seen to criticize an individual or community based on their racial or social group, such as race, sex, age, ethnicity, nationality, sexuality, gender orientation, disability, speech capacity, philosophy, social class and professionalism (elevation, body height, the color of the skin, etc.)
4. “Hate Speech in Cyberspace: Bitterness without Boundaries by LaShel Shaw” - In this note, the subject of Internet hate speech has been explored, recommending measures that include transparency and user-driven debate. This note further examines the damaging nature of hate speech and contrasts it with the risk of excessive restriction of freedom of speech. "Hate speech has been best regulated locally as it's difficult to balance these human right interests, including constitutional concerns.'
5. “On racist free speech and the scope of a free speech principle by Ishani Maitra and Kate McGowan” - The author contended in this paper that to safeguard the idea that ‘speech' here must be a technicalized term, having much more sense than its ordinary definition. They then provided a rough description of this technicalities understanding by making a comparison amongst their perspective and certain significant perspectives on freedom of speech. Finally, they conclude if some theorists which are considered to be accurate for why certain racist hate speech could perhaps fall well beyond the purview of the free speech concept.
6. “Contextualising hate speech: A study of India and Malaysia by Ishani Sharma” This study covers the concept of hate speech, analyses distinct legal measures in India and Malaysia that deal with hate speech, and suggests non-legal solutions to the problem. Although various legal measures exist to combat hate speech, this article contends that alternative dispute resolution and counter-speech may be used as alternatives to combat hate speech.
7. “Hate speech: Concept and Problem by Rumadi Ahmad” The paper discusses the studies using multiple viewpoints relating to sociology, rhetoric, psychology, anthropology, political aspects, and even communication, resulting in ambidextrous research.
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Authored by - GURMEHAR RANDHAWA
SYMBIOSIS LAW SCHOOL, HYDERABAD
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