“Hate speech is layered… Like killing someone,” says SC, asks why govt is mute spectator

New Delhi: In an important development, the Supreme Court on Wednesday raised concerns about the hate speeches disseminated through “mainstream media or social media” and demanded to know why the government was “remaining a mute spectator”.

While coming down heavily on news channels over hate speech, the top court held the “role of anchor” as “very important”, as reported by the NDTV. “These speeches on mainstream media or social media are unregulated. It’s (the anchors’) duty to see that hate speech doesn’t continue the moment someone does. Freedom of press is important… Ours is not as free as the US but we should know where to draw a line,” Justice KM Joseph observed at the hearing of a batch of petitions filed since last year.

The Court said that politicians benefit the most from hate speech and television channels give them the platform for the same. “Channels and politicians feed on such speech. Channels get money. They keep ten people in debates,” Justice KM Joseph.

Senior Counsel Sanjay Hegde also echoed the same sentiments, according to the Bar and Bench. On a query by the Court on why the government was not taking action, Hegde quipped, “They have said go from Arnab to Arnab. Complain about this channel, then the body headed by him will regulate.”

“Hate speech is layered… Like killing someone, you can do it in multiple ways, slowly or otherwise. They keep us hooked based on certain convictions,” said the court, expanding on why hate speech interests viewers,” said the Apex Court.

“One channel was fined heavily in the UK. We don’t have that here. They are not being dealt with firmly. They can be taken off air, fined, if such sanction comes….” he remarked.

“Government should not take an adversarial stand but assist the court,” it further observed, remarking, “Is this a trivial issue?” The matter will next be heard on November 23, when the court wants the central government to clarify if it intends to act on Law Commission recommendations on curbing hate speech.

The Law Commission, upon a prompt by the Supreme Court, had submitted a report in 2017 recommending specific laws.

“Hate speech has not been defined in any law in India. However, legal provisions in certain legislations prohibit select forms of speech as an exception to freedom of speech,” the commission noted. It also shared draft legislation as well, suggesting the “insertion of new sections 153C (prohibiting incitement to hatred) and 505A (causing fear, alarm, or provocation of violence in certain cases)”.

-INDIA NEWS STREAM