Liberty Vs. Liability: Legal Dilemmas In Regulating Online Hate Speech On Social Media Platforms
- IJLLR Journal
- 26 minutes ago
- 2 min read
Afshan Ahmad, LL.M., Hidayatullah National Law University, Raipur
ABSTRACT
The expansion of social media platforms (SMPs) in India has intensified the dissemination of online hate speech, leading to complex legal and regulatory challenges. While India has statutory frameworks, judicial precedents, expert committee findings, and reports from the Law Commission, notable gaps persist. This paper delves into complexities surrounding online hate speech, examining the fine balance between upholding freedom of expression and protecting dignity of individual and public order. Although laws like the BNS, 2023, the IT Act, 2000 and the electoral laws address hate speech, The absence of uniform definition complicates the regulation. Indian laws have shaped jurisprudence by invalidating ambiguous laws like Section 66-A of the IT Act, 2000 for violating A.19(a), Constitution of India, 1950.
This paper also highlights international legal frameworks such as ICCPR, ICERD and Rabat Plan of Action and emphasizes that the US provides for protection of free speech while European countries enforce strict regulatory framework to curb hate speech. This paper examines the role of SMPs focusing on community standards and AI-driven content moderation. Despite massive content takedown, the social media intermediaries (SMIs) struggle with volume, sensitivity of context and inconsistencies in laws across globe. The research suggests the urgent need for a legal framework and supports a multi-stakeholder approach involving the government, tech companies, and civil society to combat online hate speech while safeguarding free speech.
However, the paper critically examines the tension between individual liberty and liability, assesses the role of intermediaries, reviews the limitation of existing laws, and proposes the need for comprehensive regulatory framework in the era of SMPs.
Keywords: Freedom of Speech & Expression, Hate Speech, Social Media Platforms, Social Media Intermediaries,
