INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,
MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)
ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XIV, Issue XII, December 2025
Free Speech V/S Hate Speech on Digital Platform
Dr. Rajeev Choudhary, Priya Sharma, Gareema, Rakshita
Vivek University
Received: 19 December 2025; Accepted: 26 December 2025; Published: 02 January 2026
ABSTRACT
The emergence of digital platforms has greatly increased the scope of free expression by enabling instantaneous
cross-border opinion sharing. Article 19[1](a) of the Indian Constitution, which states that "everyone has right
to express their own thoughts freely through various means such as printing, media, publishing, writings, signs
etc., but they come with reasonable restrictions under Article 19[2] to maintain decency, social order and peace,
security of state, friendly relations with international states, etc."
In any case, the distinction between free expression and disparaging speech has become more hazy due to the
proliferation of hate speech on digital platforms that incites violence, discrimination, or disrupts public order.
Legal obscurity has resulted from selective enforcement and the lack of a precise legal definition of disparaging
speech on the internet in India.
Even with laws like the Information Technology Act of 2000, the Indian Penal Code (now known as the
Bharatiya Nyaya Sanhita, 2023), and others, controlling hate speech online continues to be a difficult task.
This study examines the tension between limiting online hate speech and defending free expression, highlighting
the necessity of clear legal regulations, technological responsibility, and striking a balance between
constitutional rights and social harmony on digital platforms.
Keywords: Constitution of India, digital platforms, Bharatiya Nyaya Sanhita 2023, free speech, hate speech,
Law Commission 267th report, reasonable restrictions, and freedom of expression.
INTRODUCTION
A democratic society depends on the right to free speech, which is protected under Article 19[1](a) of the Indian
Constitution. It enables people to express their ideas, opinions, and beliefs without worrying about the
repercussions. This right is not unrestricted, though. The State may impose "Reasonable Restrictions" on
fundamental right for the purposes of public order, decency, morality, and national security, according to Article
19[2]. Differentiating between protected free speech and disparaging hate speech, particularly on digital
platforms like Twitter, Facebook, Instagram, You Tube, and others that are crucial in this day and age, is a major
topic of discussion in Indian law.
Although it isn't specifically defined in the Indian Constitution, hate speech is any communication that incites
violence or fosters animosity towards people or groups because of characteristics like religion, caste, race,
birthplace, etc. The Supreme Court of India acknowledged the lack of a clear legal definition of hate speech in
Pravasi Bhalai Sangathan V. Union of India AIR 2014 and emphasised the need for legislative clarity because
failing to do so would amount to "judicial overreach." The Court stated that while free speech is vital, it shouldn't
jeopardise harmony and public tranquilly. Therefore, this issue was sent to the Law Commission to determine if
it is appropriate to define hate speech and to recommend to Parliament that the Election Commission be
strengthened in order to combat the threat of hate speech, regardless of when it is made. Two The lack of a
precise legal definition leads to inconsistent enforcement. Sections 196, 299, and 353, as well as Sections 69A
and 66A of the Information Technology Act of 2000, Section 19 of the Cable Television Network (regulation)
Act of 1955, and Section 8,123(3A) of the Representation of Peoples Act of 1951, among other laws, attempt to
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