Balancing Rights In The Digital Sphere: Freedom Of Expression Versus Online Hate Speech In Multinational Platforms
- IJLLR Journal
- 18 minutes ago
- 1 min read
Jansi Satya Naga Lakshmi Pappala, LLM Corporate Law, Alliance School of Law, Alliance University, Bangalore
ABSTRACT
‘Freedom of expression’ is mentioned under Part III of the Constitution, which protects individuals' rights to express their opinions. On the other hand, ‘online hate speech’ refers to the real identity factors of an individual or a group, including discrimination, gender, ethnicity, nationality, and many more. In general terms, it may be noted that online hate speech poses significant threats to individuals, communities, and public order. Moreover, it is said to be the main pillar of democratic societies, which has been imparted in many international treaties and also domestic constitutions. However, with the growth of the internet and the widespread use of digital platforms, especially multinational online platforms, individuals have deviated from the way they exercise their ‘right to expression’. The ‘regulation of online hate speech’ in the present digital era has given rise to many challenges, such as balancing the rights and regulating hate speech on online platforms. This research paper specifically discusses the relationship between the ‘freedom of expression’ and ‘the regulation of online hate speech’, examining the aspects of socio-legal rights and how these online platforms make conflicting demands. This paper analyses legal frameworks across jurisdictions and their overlapping jurisdictions. This also provides insights into the role of technology and ongoing debates on online hate speech and its regulations, with the help of case laws, such as Facebook's involvement in Myanmar, the Shreya Singhal case, and the case of Kunal Kamra in 2023.
Keywords: Freedom of expression; online hate speech; digital platforms; digital era regulation; online safety.
