Hate Speech During Elections.

• Recently, the Election Commission told the Supreme Court that it faces difficulties in dealing with the issue of “hate speech” during elections.

Election Commission’s statement:

• Hate speech has not been defined under any existing law in India.
• In the absence of any specific law governing ‘hate speech’ and ‘rumour mongering’ during elections, the Election Commission of India employs various provisions of the IPC and the RP Act-1951 to ensure that members of the political parties or even other persons do not make statements to the effect of creating disharmony between different sections of society.

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.

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.