HATE SPEECH AND INCITEMENT TO VIOLENCE - LEGAL LIMITS ON ONLINE SPEECH

INTRODUCTION:

Hate speech otherwise known as bigotry is a phenomenon where individuals use derogatory or offensive words upon another individual or a group based on their inherent characters is referred to as Hate speech. In general hate speeches are made against the vulnerable individuals or groups that are separated based upon their race, religion, gender, caste and many other factors. Hate speech in its whole tries to disrupt the overall peace among a society. According to the Social Science Research Council, Hate speech by the intensiveness can be divided into 3 different types namely, Dehumanization and demonization, Violence and incitement and Early warning. Hate speech can be made by oral attacks, written expressions, exhibiting offensive symbols, etc. While Incitement to Violence refers to an action where a dominant person calls upon his/her group or like minded individuals as a call to act in a violent or angry manner.?

HATE SPEECH:

Hate speech is a form of expression of disagreement or exertion of anger by an individual upon another individual or group. Hate speech is generally made in an oral manner, while in the prevailing era of digitalisation, hate speeches are also made in digitals forms too. For instance, a person ‘A’ whose favorite footballer is ‘X’ and ‘Y’ is the rival to ‘X’, now when ‘A’ makes any derogatory statements or statements about ‘Y’ which in return creates chaos among the fans of ‘Y’ is said to be a form of Hate speech.?

TYPES OF HATE SPEECH:

According to the Social Science Research Council, Hate speech basically revolves around the belief of In-Groups and Out-Groups, where an in-group member defames or hates an out-group member for having alter beliefs. Further, Hate speech is divided into three different types namely, Dehumanization and demonization, Violence and incitement and Early warning.?

1. DEHUMANIZATION AND DEMONIZATION:

Dehumanization is a form of hate speech where in the out-groups are not considered as humans by the In-Groups in ways such as giving names of Animals (Pigs, Rats, Dogs etc) or any other derogatory names or by way of avoiding eye contact, not-talking etc as a method of degrading the existence of the Out-Groups. As a result of such dehumanization, the collective identity and cultural value of the particular Out-Group is made to dwindle over a period of time. For instance dehumanization occurs when the boss of a company calls his/her employees robots rather than lucidly being called as workers or employees thus degrading their title of humanness.??

1. VIOLENCE AND INCITEMENT:

Violence and incitement is another category of hate speech where the dominant group outright calls their kind to make violent actions by way of both oral and physical violence against Out-Groups. For instance, A Pride of Lions calling for violence and incitement against a zeal of Zebras as to showcase that Lion is superior to Zebras.?

1. EARLY WARNING:

Early warnings are the kind of hate speech which is in the prior side to dehumanization and incitement. Early warnings are a subtle form of hate speech wherein not extreme comments are made on the victims. An early warning left un-predicted shall lead to the extreme phenomenon of Dehumanization.?

CAUSES AND IMPACT OF HATE SPEECH: The following are the causes of hate speech amongst the society.

1. CAUSES OF HATE SPEECH:

1. CULTURAL NORMS: The structure and framework of culture plays a major role wherein the cultural framework by itself labels the groups which in return creates hatred amongst groups. For instance, the cultural framework in India doesn’t allow inter-caste marriages, when any individual doesn’t abide by the said in- group marriage norms there starts hate speech by the dominant caste over the vulnerable.
2. SOCIAL PREJUDICE: The prejudice of groups upon other groups establishing the differences and capabilities results in hate speech. For instance the society has certain stereotypes against women gender - when those stereotypes are broken, the other groups start showing hate towards the group thus resulting in the emergence of Hate Speech.
3. ECONOMY: Economic differences amongst groups are a form of fuel towards hate speech. For instance, an economically rich group shall label the economically poor group as their working class which is also a form of Hate speech.?
4. FEAR AND INSECURITY: The fears and insecurities of one group is sometimes the pleasure of the inferior groups. For instance, people belonging to LGBTQ+ communities often consider themselves taboo or not confident to expose are often bullied by the non-supporters is also a form of hate speech.
5. PHYSICAL ATTRIBUTES: The physical attributes of different humans are often put to debate and made fun of, thus resulting in the inferior groups mocking the actions or attributes of the vulnerable. For instance, A mentally-ill person being called a retard or crazy person is also the way leading to hate speech.?

1. IMPACT OF HATE SPEECH UPON SOCIETY:

1. Disrupts the good and healthy relationships amongst groups and acts as a fuel for war, reforms etc.
2. Undermines the cultural values of groups thus creating the inability of vulnerable groups from social movement.
3. Leaves negative impact upon the future generations thus making hate speech a never ending dilemma.?
4. Hate speech in its core has huge potential to totally destroy the peace among societies thus resulting in de-socialisation.
5. Prolonged misuse of Right to expression in an undignified manner may result in the implication of serious limitation upon freedom of speech and expression.?

ONLINE SPEECH, SCOPE AND ITS RELEVANT PROVISIONS:

Online speech refers or implies the actions or statements made by individuals by means for texts, Memes, Posts, Videography, Photography or any other form of representations made in any social media domains such as X, Instagram, threads etc. Online speech in the later days has been key for overcoming many social crises as well has been a tool for felons to make their derogatory actions with or without revealing their identity.

CONSTITUTION OF INDIA, 1949:

The Constitution of India has enshrined its citizens with all necessary and just Fundamental Rights, amongst all Fundamental rights one of the most important fundamental right which upholds the spirit of Democracy is “Right to Freedom of Speech and Expression”. Article 19(1)(a) - which guarantees its citizens to express their ideas, views, merits, demerits and much more on any subject matter is one of the key Fundamental Right which paves way for the society to upgrade when and where necessary.?

ARTICLE 19(1)(a) READS AS:?

19. Protection of certain rights regarding freedom of speech, etc.

1. ?All citizens shall have the right-

1. to freedom of speech and expression;

Even though Article 19(1)(a) plays an important role in Indian Democracy, this Article is still not an Absolute right and hence there are reasonable restrictions to it. Article 19(2) of the Constitution of India, imposes reasonable restrictions to the citizens in manner that one’s Right to Freedom of Speech and Expression doesn’t curtail the interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offense of another.?

ARTICLE 19(2) READS AS:

19. Protection of certain rights regarding freedom of speech, etc.

(1)All citizens shall have the right-

(a)To freedom of speech and expression;

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation ? of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests ofthe sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

The Constitution by means of reasonable restrictions has limited the scope of Article 19(1)(a) as such that the right shall at no cost shall put the state’s security and Public Order at jeopardy. In the case of Manoj Narula v. Union of India (2014) The Supreme Court underscores the principle that speech advocating violence or creating public disorder can be restricted under Article 19(2) of the Constitution. Likewise the online speech here should not be in a manner that disrupts the public order or the Security of the Nation.?

Also, when it comes to friendly relationships with foreign Nations, no person shall make any online representations that cause harm to the relationship between India and a foreign Country. For instance, any citizen of India making any degaratory statement about any other Nation shall leave the offender liable for causing a possible disruption to a friendly foreign Nation.?

INDIAN PENAL CODE, 1860?

SECTION 153 A OF INDIAN PENAL CODE, 1860 READS AS:

153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

(1) Whoever

(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or?

(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility,? or

(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.?

SECTION 153 B OF INDIAN PENAL CODE, 1860 READS AS:

153B. Imputations, assertions prejudicial to national integration.

(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,

(a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or?

(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India, or?

(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both.?

SECTION 295 A OF INDIAN PENAL CODE, 1860 READS AS:

295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of? [citizens of India],? [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to? [three years], or with fine, or with both.?

SECTION 505 OF INDIAN PENAL CODE, 1860 READS AS:

505. Statements conducing to public mischief.

1. Whoever makes, publishes or circulates any statement, rumour or report,

1. With intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or
2. with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
3. with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Statements creating or promoting enmity, hatred or ill-will between classes.

Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different reli-gious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Apart from the above mentioned provision under Indian Penal Code, 1860 sections 499 and 500 of the Act shall also apply when deformatory statements are made in Online platforms.

PEOPLE REPRESENTATION OF PEOPLES ACT, 1951

SECTION 8 OF PEOPLE REPRESENTATION OF PEOPLES ACT, 1951:

Section 8 of the peoples representation act disqualifies a person convicted under section 153 A of Indian Penal Code, 1860.

SECTION 123 (3A) OF PEOPLE REPRESENTATION OF PEOPLES ACT, 1951 READS AS:

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

SECTION 125 OF PEOPLE REPRESENTATION OF PEOPLES ACT, 1951 READS AS:

125. Promoting enmity between classes in connection with election.

Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.

LANDMARK CASES:

1. Ramji Lal Modi v. State of U.P. (1957) The Supreme Court held that speech or expression that has the tendency to cause public disorder or incite violence can be restricted under Article 19(2) of the Constitution, which allows for reasonable restrictions on freedom of speech and expression.
2. Arnab Goswami v. Union of India (2020) The Supreme Court emphasized the importance of responsible journalism and cautioned against inflammatory speech that could incite violence or prejudice. The court held that media outlets have a duty to uphold journalistic ethics and avoid spreading hate speech or misinformation.
3. Rangarajan v. Jagjivan Ram (1989) In this case, the Supreme Court held that speech can only be restricted if it poses an actual threat to public order, rather than being merely offensive or provocative. The court emphasized the importance of protecting robust debate and dissent in a democratic society while recognizing the need to maintain public order and harmony.
4. Shreya Singhal v. Union of India is a judgement by a two-judge bench of the Supreme Court of India in 2015, on the issue of online speech and intermediary liability in India. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India. The Court further held that the Section was not saved by virtue of being a 'reasonable restriction' on the freedom of speech under Article 19(2). The Supreme Court also read down Section 79 and Rules under the Section. It held that online intermediaries would only be obligated to take down content on receiving an order from a court or government authority. The case is considered a watershed moment for online free speech in India.

STAND OF UNITED NATIONS WITH RESPECT TO HATE SPEECH:

1. On the 24th day of March 2011, the United Nations General Assembly adopted the 16/18 resolution against Racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action.
2. The United Nation’s Secretary-General Antonio Guterres had launched the United Nations Strategy and Plan of Action on Hate Speech. The purpose of the launched the Strategy and Plan of Action on Hate Speech is to set out strategic guidance for the United Nations system to address hate speech at the national and global level. It also includes ways the United Nations Secretariat can support the work of the United Nations resident Coordinators in addressing and countering hate speech.
3. The United Nation by the empowerment of UDHR, Under Article 19 guarantees that Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.?
4. Also, The International Covenant on Civil and Political Rights (ICCPR) under Article 20(2) ensures that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.?

CONCLUSION:

Hate speech otherwise known as bigotry is a phenomenon where individuals use derogatory or offensive words upon another individual or a group based on their inherent characters is referred to as Hate speech. In general hate speeches are made against the vulnerable individuals or groups that are separated based upon their race, religion, gender, caste and many other factors. There is a very fine and thin line between the right to expression and infringement of the right to expression. Where the Right to expression of one exploits another’s right to decent life there starts Hate speech. Hate speech or any action remitting hatred towards the unlike is always an anti-social approach. Every civilized country has its own penalisation against hate speech but the thought against hate speech has to be inculcated amongst the subjects even without penalisations. Hate speech creates disparities amongst fellow beings which at no cost shall/should be allowed.