Hate speech on social media has to be taken note of, says SC's judge Justice L Nageswara Rao
Mar 09, 2022
New Delhi [India], March 9 : In this era of social media, hate speech is something that has to be taken note of, Supreme Court judge Justice L Nageswara Rao said while addressing a memorial lecture of senior advocate Soli J Sorabjee.
Justice Nageswara Rao was addressing at the Soli Sorabjee 1st Excellence Award and Scholarship and Inaugural Memorial Lecture, on the theme 'Role of Supreme Court in Augmenting Scope of Fundamental Rights.'
Justice Rao recalled the recommendation made by the law commission on hate speech whereby a proposal was made for amending Sections in IPC which has not been done till date.
The top court had asked the law commission to examine whether there can be a provision on dealing with hate speech. Law Commission had said that every speech cannot be categorized as hate speech and on the other hand, hate speech need not be restricted only to leading to violence but hate speech can also be stopped if it is driving a wedge between communities on the basis of religion, caste or group.
"There was a proposal for amending Sections in Indian Penal Code which has not been done till date. In this era of social media hate speech is something which has to be taken note of," Justice LN Rao said.
Justice LN Rao said that Fundamental Rights are basic rights, which were not invented by the Constitution but they were already there.
He also clarified that "Fundamental Rights are not absolute and there can be restrictions placed on these rights."
Justice Rao also pointed out Article 14 protects the rights of the people but equality before the law means no one is above the law. The top court had reminded the citizenry of this country about this, he said.
He also spoke about the internet shutdown and narrated the instance where the video showed violence in Myanmar, dubbing it to mean violence in Assam, which led to panic in Assam. However, he said that there was another internet shutdown in Kashmir, of which he would not speak as the matter is pending consideration.
Justice Rao said that in the growing computerization and age of the internet, freedom of speech would be falling for scrutiny before the courts often and myriad shapes. But whenever there is a challenge, it would be definitely taken by the Supreme Court to enhance the scope of speech, Justice Rao stressed.
