Supreme Court: Hate speech definition complex needs to ensure it does not traverse into area of free speech

The bench said the definition of hate speech is fairly complex and it has to be ensured that it does not transverse into the area of free speech. The bench asked parties to sit together to find a solution and explore the possibility of finding a solution to hate speech through collective efforts, writes ETV Bharat's Sumit Saxena

New Delhi:The Supreme Court on Friday said that the hate speech definition is complex and stressed that though there are verdicts of the apex court, the main problem is implementation and execution, and a solution can be found through collective efforts. The apex court made these observations while hearing a plea against the rallies to be organised by Vishva Hindu Parishad and Bajrang Dal in the Delhi-NCR region regarding the communal clashes in Haryana.

A bench comprising justices Sanjiv Khanna and SVN Bhatti queried the parties whether the events were peaceful. Senior advocate CU Singh, representing petitioner Shaheen Abdullah, said no violence was reported, however, some hate speeches were made at the rallies. The bench told Singh that the definition of hate speech is fairly complex and it has to be ensured that it does not transverse into the area of free speech. The bench asked parties to sit together to find a solution and explore the possibility of finding a solution to hate speech through collective efforts.

Solicitor General Tushar Mehta, representing the Centre, said that in 2018, the apex court had specified what is hate speech in the Tehseen Poonawalla case and emphasised that no one can justify hate speech against any community. Mehta said he has also received some video clips of hate speeches and the petitioner should be directed to amend his petition because he is selectively targeting only one community.

Justice Khanna cited his judgment in the Amish Devgan case, which deals with the balancing of competing interests of free speech and the need to prevent the spread of hatred and communal disharmony, and pointed out that there are several other verdicts of the apex court.

Justice Khanna said, “You see the main problem is implementation and execution”. Mehta said a new practice has emerged where people move court citing apprehension about the possibility of hate speeches being made at an event and seek advance order from the court. The top court said social tension is in nobody’s interest and everyone have to find a solution as there has to be some way to deal with hate speeches.

It stressed that everybody should not be coming to court and there should be some mechanism and concluding the hearing it added, “We have thought of something and we will let you all know.” The top court has scheduled the matter for further hearing after two weeks. In October last year, the apex court had directed Uttar Pradesh, Delhi and Uttarakhand to take suo moto action against offenders without looking into religion while expressing concern over hate speeches in the country.