Government preparing to enact anti-hate speech law: Definition of hate speech will be decided, Supreme Court’s comments will be the basis of law

After a long consultation of 5 years, the central government has started preparing to enact anti-hate speech law to stop hateful content on social media. The draft law is being prepared keeping in mind the directions of the Supreme Court regarding hate speech, laws of other countries and all aspects of freedom of expression. It will soon be put up for public opinion. In this, the definition of hate speech will be clear, so that people also know whether the thing they are speaking or writing comes under the purview of the law or not.

Supreme Court’s comments will be the basis of law
The government has based this draft on the observations of the Supreme Court in some other cases like the Overseas Welfare Organization v Union of India. The Law Commission has made it clear in its consultation paper on Hate Speech that it is not necessary that only speech which spreads violence should be treated as Hate Speech. Lies and offensive ideas are easily spread by concealing identities on the Internet. In such a situation, language that increases discrimination should also be kept in the purview of hatespeech.

Action will be opened against social media platforms
Once the definition of hate speech is clear, social media platforms will not be able to get away from the fake news or hate speech spread by the users. Most of the misleading information in the country is spread through platforms like Facebook, Twitter, WhatsApp, Ku. Now with the making of strict laws against them, the way for legal action will be opened. On the other hand, the advocates of free speech in the country also feel that the anti-hate speech law can also be used to suppress the voice of people or groups.

Right now action is being taken by 7 different laws.
There are seven laws used to combat hate speech in the country, but none of them defines hate speech. That is why, social media platforms are not stopping their users from speaking arbitrary language.

Here are the existing provisions

1. Indian Penal Code

2. Representation of the People Act

3. Civil Rights Act, 1955
4. religious institution law
5. Cable Television Network Regulation Law
6. cinematography law
7. Criminal Procedure Code, 1973

The definition of hatespeech is fixed in the European Union and the US
European Countries: Justifying false rhetoric or provocative statements against racial hatred on the grounds of intolerance is considered hatespeech.

America: The First Amendment to the US Constitution prevents Parliament from making laws to curb free expression. But, the Supreme Court ruled that laws curbing ‘shoddy expression’ would be deemed constitutional.