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July to September 2025 Article ID: NSS9284 Impact Factor:8.05 Cite Score:2033 Download: 62 DOI: https://doi.org/ View PDf
Freedom of Speech Vs. Online Hate Speech in India
Dr. Sunita Shrivastava
Professor (Law and Legal Studies) SAGE University, Indore (M.P.)
Abstract
: The
digital revolution has increased India's free speech opportunities and risks.
Free expression is protected by Article 19(1)(a) of the Indian Constitution,
yet online hate speech is causing divisiveness, harassment, and even physical
violence. Social implications result from technologies that circulate divisive
narratives and create online "echo chambers" that legitimize
prejudice. To address this problem, India has created a web of constitution,
criminal, and IT laws. Definitional issues and selective enforcement restrict
these rules' effectiveness. Legislative reformers want clearer standards,
appropriate bounds, and government overreach safeguards. This shows that the
Supreme Court takes hate speech seriously by requiring proactive FIR filing.
Hate speech and social media platforms remain important due to private firms'
disproportionate power over public discussion and lack of transparency
regarding their moderation and accountability policies. To reconcile
constitutional rights with societal protection, stronger legal definitions,
proactive monitoring, improved platform administration, and greater digital
literacy must be implemented. This article stresses the contradiction between
free speech and hate speech in India's digital era and proposes a
multi-stakeholder model that balances personal freedom, judicial oversight,
technological responsibility, and democratic values.
Keywords: Freedom of Speech, Reasonable
Restrictions, Online Hate Speech, Social Media Platforms.
