Hate Speech

Why in news?

The Kerala High Court has delivered its judgement against a slew of petitions seeking a ban on the film ‘The Kerala Story’.

What is the case about?

• Case - The Kerala Story, a film allegedly based on the instances of a few women joining the Islamic State, claimed that 32,000 girls went missing in Kerala after being recruited by the radical Islamist group.
• After a slew of petitions were filed before various courts seeking a ban on the film, the filmmakers agreed to withdraw the teaser and carry a disclaimer that the film’s content is fictional.
• Supreme Court - A division bench of the Supreme Court refused to grant a stay and suggested to approach the Kerala High Court for relief.
• High Court - The Kerala High Court refused to stay the film’s release, saying that there was no allegation against a particular religion as a whole and that certain claims have been made only against ISIS.
• The bench highlighted that artistic freedom must be protected and there was a need to balance competing interests.
• However, it allowed the petitioners to prosecute their complaint before the Central Board of Film Certification (CBFC) seeking re-examination of the film.

What are the legal framework for dealing with hate speech?

Hate speech is an incitement to hatred against a particular group of persons marginalized by their religious belief, sexual orientation, and gender and so on.

• Constitution - Hate speech is not defined in the constitution.
• Article 19(1)(a) – It guarantees the right to freedom of speech and expression but imposes reasonable restrictions on speeches that cause hate, violence, ridicule or indignity.
• Indian Penal Code (IPC)
  • Section 153A - Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., doing acts prejudicial to maintenance of harmony
  • Section 153B - Imputations, assertions prejudicial to national-integration
  • Section 295A - Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
• The Cinematograph Act 1952 - Empowers the Board of Film Certification to prohibit and regulate the screening of a film if it is likely to incite offence against public order, decency or morality, or involves defamation or contempt of court.
• Cable Television Network Regulation Act 1995 - Requires cable news channels to adhere to a list of restrictions on content, prescribed under the programme code or advertisement code which have been defined under the Cable Television Network Rules 1994.
• Law Commission - Proposed the addition of new provisions to the IPC, which are
  • Prohibiting incitement to hatred under sections 153C and
  • Prohibiting causing fear, alarm or provocation of violence under 505A.

What are the concerns with hate speech?

• Concerns – Hate speech
  • Infringes the dignity and equality of individuals
  • Creates barriers of mistrust
  • Creates hostility between individuals and groups
  • Plants fears and obstructs normal relations
  • Increases the caste based violence
• Way forward - Recognizing the insufficiency of existing laws to deal with different forms of hate speech, the Law Commission proposed the addition of new provisions to the IPC
  • Section 153C - Prohibiting incitement to hatred
  • Section 505A - Prohibiting causing fear, alarm or provocation of violence

Quick facts

References

1. The Hindu│Issues About Kerala Story Movie
2. CBFC│About CBFC