Preliminary Findings on Online Hate Speech and the Law in India

15 Pages Posted: 9 Dec 2016

See all articles by Chinmayi Arun

Chinmayi Arun

Harvard University - Berkman Klein Center for Internet & Society

Nakul Nayak

University of Pennsylvania Law School - Student/Alumni/Adjunct; National Law University Jodhpur (NLUJ)

Date Written: December 2016

Abstract

During the 2013 Muzaffarnagar communal riots, in which over sixty people died and thousands were displaced, social media was reported to have played a significant role in spreading rumors and propaganda. In this context, an incendiary video of two men being beaten to death, described (incorrectly) as a video of Hindus being lynched by a Muslim mob was circulated on the Internet. Similarly, a Muslim man was killed by a mob in Pune following the circulation of morphed images denigrating iconic leader attributed to him. These images were circulated on Facebook and through Internet messaging applications on smartphones.

State governments in India have taken to disabling Internet services, especially mobile data services, in response to threats of violence. For example, in June 2016, the Indian government shut down the Internet in the state of Haryana, fearing potential violence arising from ongoing protests. Internet shutdowns are becoming commonplace – there have been thirty-nine incidents since January 2015. The alleged reasons for the shutdowns ranged from apprehensions about provocative social media rumors related to the recovery of cow carcasses to the prevention of cheating during a public government-administered exam. Many of these justifications offered for Internet shutdowns fall within the umbrella of online hate speech or incitement to violence.

Hate speech is a serious concern in the Republic of India. However, Indian law does not use the phrase “hate speech.” Different forms of what may arguably be called hate speech are covered in different ways by various Indian statutes.

This briefing paper outlines preliminary issues that we noted while conducting a detailed study of hate speech laws in India. It teases out some of the major concerns that arise in the context of both online and offline hate speech, especially speech as potential incitement to violence. Our upcoming detailed report covers a wider range of what might be called hate speech, and extends to speech that may not act as potential incitement to violence. The report offers a more nuanced and detailed picture of the current state of affairs, as well as the conclusions drawn and recommendations made.

Suggested Citation

Arun, Chinmayi and Nayak, Nakul, Preliminary Findings on Online Hate Speech and the Law in India (December 2016). Berkman Klein Center Research Publication No. 2016-19. Available at SSRN: https://ssrn.com/abstract=2882238 or http://dx.doi.org/10.2139/ssrn.2882238

Chinmayi Arun (Contact Author)

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

Nakul Nayak

University of Pennsylvania Law School - Student/Alumni/Adjunct ( email )

Philadelphia, PA
United States

National Law University Jodhpur (NLUJ) ( email )

India

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