Contextualising Hate Speech: A Study of India And Malaysia
Hate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeated...
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| Format: | Article |
| Language: | English |
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UUM Press
2019-12-01
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| Series: | Journal of International Studies |
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| Online Access: | http://e-journal.uum.edu.my/index.php/jis/article/view/jis2019.15.9 |
| _version_ | 1797990363445592064 |
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| author | Ishita Sharma |
| author_facet | Ishita Sharma |
| author_sort | Ishita Sharma |
| collection | DOAJ |
| description | Hate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeatedly observed that inflaming and deleterious words have been used by people of influence to further their vested interests and incite violence. Indian laws as well as Malaysian laws forbid anyone from making hate speeches that disturb the communal harmony and creates discord among the people. When the issue of suppression of hate speech comes to purview, the notion of reasonable restriction comes into picture. Consequent debate narrows down to two sharply contrasting opinions ie: restraints v. freedom of speech and expression. It is difficult to balance both divergent opinions. Article 19(1) of the Indian Constitution, provides for the freedom of speech and expression but also places reasonable restrictions under Article 19(2) on the grounds of public order, decency and morality. Similarly, Article 10 of the Malaysian Constitution empowers the Malaysian citizens with the freedom of speech and expression subject to restrictions imposed by the Parliament. Whenever these contradictory opinions are presented in front of the court, even the Apex court of the respective countries has shown its reluctance towards curbing such communally charged statements. Even if the judgment restraining hate speech is pronounced, it often comes too late, sometimes after the damage has already been inflicted, thus failing to exert any deterrent effect. By using doctrinal research methods,this paper a) discusses the terminology of hate speech; b) analyzes different legal provisions that deals with hate speech in India and Malaysia; and c) discusses non-legal solutions to the problem. This paper argues that although several legal provisions are available to curb hate speech, Alternative Dispute Resolution and counter speech may be used as alternative ways to address hate speech. |
| first_indexed | 2024-04-11T08:35:25Z |
| format | Article |
| id | doaj.art-348ab4f7acf1412a9cfd0e59650edf5b |
| institution | Directory Open Access Journal |
| issn | 1823-691X |
| language | English |
| last_indexed | 2024-04-11T08:35:25Z |
| publishDate | 2019-12-01 |
| publisher | UUM Press |
| record_format | Article |
| series | Journal of International Studies |
| spelling | doaj.art-348ab4f7acf1412a9cfd0e59650edf5b2022-12-22T04:34:22ZengUUM PressJournal of International Studies1823-691X2019-12-011513314410.32890/jis2019.15.9Contextualising Hate Speech: A Study of India And MalaysiaIshita Sharma0University of Petroleum and Energy Studies, School of Law Dehradun, Uttarakhand 248007, IndiaHate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeatedly observed that inflaming and deleterious words have been used by people of influence to further their vested interests and incite violence. Indian laws as well as Malaysian laws forbid anyone from making hate speeches that disturb the communal harmony and creates discord among the people. When the issue of suppression of hate speech comes to purview, the notion of reasonable restriction comes into picture. Consequent debate narrows down to two sharply contrasting opinions ie: restraints v. freedom of speech and expression. It is difficult to balance both divergent opinions. Article 19(1) of the Indian Constitution, provides for the freedom of speech and expression but also places reasonable restrictions under Article 19(2) on the grounds of public order, decency and morality. Similarly, Article 10 of the Malaysian Constitution empowers the Malaysian citizens with the freedom of speech and expression subject to restrictions imposed by the Parliament. Whenever these contradictory opinions are presented in front of the court, even the Apex court of the respective countries has shown its reluctance towards curbing such communally charged statements. Even if the judgment restraining hate speech is pronounced, it often comes too late, sometimes after the damage has already been inflicted, thus failing to exert any deterrent effect. By using doctrinal research methods,this paper a) discusses the terminology of hate speech; b) analyzes different legal provisions that deals with hate speech in India and Malaysia; and c) discusses non-legal solutions to the problem. This paper argues that although several legal provisions are available to curb hate speech, Alternative Dispute Resolution and counter speech may be used as alternative ways to address hate speech.http://e-journal.uum.edu.my/index.php/jis/article/view/jis2019.15.9democracyfreedom of speech and expressionhatredhate speechharmony |
| spellingShingle | Ishita Sharma Contextualising Hate Speech: A Study of India And Malaysia Journal of International Studies democracy freedom of speech and expression hatred hate speech harmony |
| title | Contextualising Hate Speech: A Study of India And Malaysia |
| title_full | Contextualising Hate Speech: A Study of India And Malaysia |
| title_fullStr | Contextualising Hate Speech: A Study of India And Malaysia |
| title_full_unstemmed | Contextualising Hate Speech: A Study of India And Malaysia |
| title_short | Contextualising Hate Speech: A Study of India And Malaysia |
| title_sort | contextualising hate speech a study of india and malaysia |
| topic | democracy freedom of speech and expression hatred hate speech harmony |
| url | http://e-journal.uum.edu.my/index.php/jis/article/view/jis2019.15.9 |
| work_keys_str_mv | AT ishitasharma contextualisinghatespeechastudyofindiaandmalaysia |