Free Speech V/S Hate Speech on Digital Platform

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.