Constitutional Scrutiny Of Online Hate Speech In India: Balancing Free Expression And State Regulation
- IJLLR Journal
- Dec 26, 2025
- 1 min read
Vanlalhlupuii, B.Sc (Gargi College, University of Delhi), LL.B. (University of Delhi), LL.M. (Sharda University)
ABSTRACT
With a focus on the digital realm, this essay explores how India's courts and constitutional framework have managed the conflict between protecting free speech and suppressing communication that incites hatred, animosity, or violence. It outlines the legal foundation (reasonable-restriction clauses and constitutional guarantees), statutory laws commonly used to combat hate speech, intermediate regulation and takedown procedures, and the Supreme Court's jurisprudential standards for when the State may impose speech restrictions. The study evaluates significant rulings and legislative actions that influence online content governance, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Shreya Singhal v. Union of India (which overturned Section 66A), and previous precedents regarding the acceptable extent of restrictions. In order to create a fair, open, and ethical system for handling hate speech online in India, the paper's conclusion suggests doctrinal and policy changes.
Keywords: hate speech, freedom of speech
