Voices And Violence: Constitutional Challenges Of Hate Speech In The Era Of Social Media
- IJLLR Journal
- May 12
- 1 min read
Barkha Agrawal, Student, Amity Law School, Noida
Dr. Varun Srivastava, Assistant Professor, Amity Law School, Noida
ABSTRACT
In the contemporary digital era, social media has become an influential medium for communication, civic engagement, and the exchange of ideas. Nevertheless, these platforms have concurrently evolved into spaces that enable the proliferation of hate speech, thereby threatening democratic principles, individual rights, and societal harmony. This dissertation offers a critical analysis of the intersection between hate speech and the constitutional guarantee of freedom of speech and expression under Article 19(1)(a) of the Indian Constitution, while also examining the scope of permissible limitations under Article 19(2).
The study explores the definitional contours and conceptual understanding of hate speech, alongside the historical and legal development of free speech jurisprudence in India. Particular focus is placed on the influence of platforms such as Facebook, X (formerly Twitter), Instagram, and WhatsApp in accelerating the spread of hate-driven content. Furthermore, the paper reviews the relevant legal frameworks, including the Information Technology Act, 2000, the Intermediary Guidelines of 2021, and key judicial pronouncements, emphasizing enforcement issues such as ambiguous statutory provisions, sluggish regulatory action by intermediaries, and cross- border jurisdictional complexities. Through an assessment of prevailing legal strategies and emerging judicial interpretations, the dissertation advocates for a calibrated approach that safeguards the right to free speech while ensuring robust mechanisms to counteract hate speech in the digital sphere.
