Media as medium of Hate Speech

In News

• Recently, the Supreme Court called the “visual media” the “chief medium of hate speech”.

More about the news

•  The petition:
  • The bench was hearing a clutch of petitions on alleged hate speech via some TV shows. 
  • The petitioners have sought directions from the court to the Centre to take steps to curb incidents of such speech.
• Supreme Court’s response:
  • Role of visual media:
    • Supreme Court called TV channels or “visual media” the “chief medium of hate speech” 
    • Spread of hate speect through the visual media can have a “devastating effect” according to SC.
  • Free press and regulations:
    • The press is a very important institution. Without an independent and totally free press, no nation can go forward. 
    • The government should actually come forward, not to take an adversarial stand but to assist.
    • The bench underlined that “hate drives TRPs, drives profit”.
    • Court also questioned the government why it is “standing by as a mute witness when all this is happening” and treating it as “a trivial matter”.
  • SC guidelines:
    • SC said it will consider laying down some guidelines which will hold the field until the legislature comes up with a law on the matter.

More about hate speech

• What is Hate Speech?
  • There is no international legal definition of hate speech, and the characterization of what is ‘hateful’ is controversial and disputed. 
  • The term hate speech is understood as any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factors.
• Reasons for Hate Speech
  • Hate speech occurs to undermine social equality as it reaffirms historical marginalization and oppression.
  • It is enacted to cause psychological and physical harm to its victims as it incites violence.
  • It is used of provoke individuals or society to commit acts of terrorism, genocides, ethnic cleansing etc.
  • As rightly pointed by court, TV channels entertain hate speeches to gain TRPs and profits.
  • It is a tool to create panic through rumour mongering against targeted people. For example, Northeast exodus.
• Indian Constitution and hate speech:

• Freedom of Speech and Expression: 
  • It is protected as a fundamental right in the Constitution of India under Article 19(1) (a) which states that all citizens shall have the right to freedom of speech and expression.
• Article 19(2): 
  • A reasonable restriction has been put forth by the Indian constitution where the word reasonable should strike a balance between the use and misuse of this freedom.

• Other provisions regarding Hate Speech:
  • Section 153A IPC penalises ‘promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’.  
  • Section 153B IPC penalises ‘imputations, assertions prejudicial to national-integration’.  
  • Section 295A IPC penalises ‘deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs’.  
  • Section 298 IPC penalises ‘uttering, words, etc., with deliberate intent to wound the religious feelings of any person’.  
  • Section 505 IPC penalises publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes.
  • Part VII of the Representation of People Act, 1951 classifies hate speech as an offence committed during elections into two categories: corrupt practices and electoral offences. The relevant provisions regarding hate speech in the RPA are Sections 8, 8A, 123(3), 123(3A) and 125. 
  • In the realm of the hate speech debate, the Model Code of Conduct (MCC) assumes significance as Item 1 (General Conduct) of the MCC prohibits parties and candidates from making any appeals to caste or communal feelings for securing votes.

Way Ahead

• The hate speech is often rooted in, and generates intolerance and hatred and, in certain contexts, can be demeaning and divisive. 
• It is a menace to democratic values, social stability and peace. As a matter of principle, the government must confront hate speech at every turn. 
• The problem of hate speech has been approached outside of the current legal system.
• The government should also bring comprehensive amendments to criminal laws to prevent hate speech and expression especially during elections.

Source: TH