• 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.