Dynamics and Implications of Hate Speech in the Digital Era: A Socio-Legal Perspective

Author(s): Dr. Wasim Ahmad

Abstract:

In the digital era, communication has been revolutionized, providing unprecedented connectivity but also intensifying the proliferation of hate speech. This article presents a comprehensive socio-legal examination of hate speech within this context, delving into its evolving definition, underlying dynamics, and the multifaceted challenges of regulation. It begins by addressing the conceptual complexities of hate speech, highlighting the absence of a universally accepted definition and the resulting obstacles for legal governance. Concentrating on India, the study scrutinizes constitutional safeguards, statutory measures, and judicial interpretations, including the Bharatiya Nyaya Sanhita, 2023, exposing notable deficiencies in managing digital hate speech. A comparative exploration extends to international frameworks- Germany’s NetzDG, the United States’ First Amendment doctrine, and South Africa’s transformative legal stance- unveiling diverse regulatory paradigms. The analysis further explores how algorithmic biases amplify hate speech, questions the accountability of digital platforms, and navigates the ethical challenges of automated content moderation. Special attention is given to the disproportionate effects of online hate speech on marginalized groups, such as religious minorities, Dalits, women, and LGBTQ+ individuals. The study concludes by proposing targeted reforms, advocating for a holistic approach that includes robust legislation, platform responsibility, improved digital literacy, and international cooperation- striving for a balanced regulatory model that upholds free expression without compromising on harm prevention.

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Pages: 116-121     |    3 View     |    0 Download