Contextualising Hate Speech: A Study of India And Malaysia

Hate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeated...

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Autor principal:	Ishita Sharma
Formato:	article
Lenguaje:	EN
Publicado:	UUM Press 2019
Materias:	democracy freedom of speech and expression hatred hate speech harmony International relations JZ2-6530
Acceso en línea:	https://doaj.org/article/348ab4f7acf1412a9cfd0e59650edf5b
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spelling	oai:doaj.org-article:348ab4f7acf1412a9cfd0e59650edf5b2021-11-17T04:45:22ZContextualising Hate Speech: A Study of India And Malaysia10.32890/jis2019.15.91823-691Xhttps://doaj.org/article/348ab4f7acf1412a9cfd0e59650edf5b2019-12-01T00:00:00Zhttp://e-journal.uum.edu.my/index.php/jis/article/view/jis2019.15.9https://doaj.org/toc/1823-691XHate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeatedly observed that inflaming and deleterious words have been used by people of influence to further their vested interests and incite violence. Indian laws as well as Malaysian laws forbid anyone from making hate speeches that disturb the communal harmony and creates discord among the people. When the issue of suppression of hate speech comes to purview, the notion of reasonable restriction comes into picture. Consequent debate narrows down to two sharply contrasting opinions ie: restraints v. freedom of speech and expression. It is difficult to balance both divergent opinions. Article 19(1) of the Indian Constitution, provides for the freedom of speech and expression but also places reasonable restrictions under Article 19(2) on the grounds of public order, decency and morality. Similarly, Article 10 of the Malaysian Constitution empowers the Malaysian citizens with the freedom of speech and expression subject to restrictions imposed by the Parliament. Whenever these contradictory opinions are presented in front of the court, even the Apex court of the respective countries has shown its reluctance towards curbing such communally charged statements. Even if the judgment restraining hate speech is pronounced, it often comes too late, sometimes after the damage has already been inflicted, thus failing to exert any deterrent effect. By using doctrinal research methods,this paper a) discusses the terminology of hate speech; b) analyzes different legal provisions that deals with hate speech in India and Malaysia; and c) discusses non-legal solutions to the problem. This paper argues that although several legal provisions are available to curb hate speech, Alternative Dispute Resolution and counter speech may be used as alternative ways to address hate speech. Ishita SharmaUUM Pressarticledemocracyfreedom of speech and expressionhatredhate speechharmonyInternational relationsJZ2-6530ENJournal of International Studies, Vol 15, Pp 133-144 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	democracy freedom of speech and expression hatred hate speech harmony International relations JZ2-6530
spellingShingle	democracy freedom of speech and expression hatred hate speech harmony International relations JZ2-6530 Ishita Sharma Contextualising Hate Speech: A Study of India And Malaysia
description	Hate speech is a verbal expression, which is designed to promote hatred based on race, religion, ethnicity and violence between different communities . Hate speech are systematically used to lash hatred towards minorities and for inflaming regional, religious and ethnic passion. It has been repeatedly observed that inflaming and deleterious words have been used by people of influence to further their vested interests and incite violence. Indian laws as well as Malaysian laws forbid anyone from making hate speeches that disturb the communal harmony and creates discord among the people. When the issue of suppression of hate speech comes to purview, the notion of reasonable restriction comes into picture. Consequent debate narrows down to two sharply contrasting opinions ie: restraints v. freedom of speech and expression. It is difficult to balance both divergent opinions. Article 19(1) of the Indian Constitution, provides for the freedom of speech and expression but also places reasonable restrictions under Article 19(2) on the grounds of public order, decency and morality. Similarly, Article 10 of the Malaysian Constitution empowers the Malaysian citizens with the freedom of speech and expression subject to restrictions imposed by the Parliament. Whenever these contradictory opinions are presented in front of the court, even the Apex court of the respective countries has shown its reluctance towards curbing such communally charged statements. Even if the judgment restraining hate speech is pronounced, it often comes too late, sometimes after the damage has already been inflicted, thus failing to exert any deterrent effect. By using doctrinal research methods,this paper a) discusses the terminology of hate speech; b) analyzes different legal provisions that deals with hate speech in India and Malaysia; and c) discusses non-legal solutions to the problem. This paper argues that although several legal provisions are available to curb hate speech, Alternative Dispute Resolution and counter speech may be used as alternative ways to address hate speech.
format	article
author	Ishita Sharma
author_facet	Ishita Sharma
author_sort	Ishita Sharma
title	Contextualising Hate Speech: A Study of India And Malaysia
title_short	Contextualising Hate Speech: A Study of India And Malaysia
title_full	Contextualising Hate Speech: A Study of India And Malaysia
title_fullStr	Contextualising Hate Speech: A Study of India And Malaysia
title_full_unstemmed	Contextualising Hate Speech: A Study of India And Malaysia
title_sort	contextualising hate speech: a study of india and malaysia
publisher	UUM Press
publishDate	2019
url	https://doaj.org/article/348ab4f7acf1412a9cfd0e59650edf5b
work_keys_str_mv	AT ishitasharma contextualisinghatespeechastudyofindiaandmalaysia
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Contextualising Hate Speech: A Study of India And Malaysia

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