Karnataka Approves Landmark Hate Speech Bill with Stringent Penalties: What You Need to Know

Bengaluru:

Karnataka cabinet has approved a groundbreaking bill addressing hate speech and hate crimes, clearing the path for its introduction in the State Legislature.

NDTV has obtained a copy of the Hate Speech And Hate Crimes (Prevention And Control) Bill, which proposes severe penalties for individuals and organizations found guilty of promoting communal disharmony or disseminating hate speech.

HK Patil, Minister for Law and Parliamentary Affairs, explained that the bill is designed "to ensure unnecessary disturbance is not created in society."

He added, "We have incorporated substantial provisions regarding penalties and punishment. The law will firmly address hate speech."

Patil noted, "Currently, India lacks adequate legislation in this area, which prompted us to introduce this law."

He clarified that the bill will not suppress dissent, but "the creation of hatred will definitely be addressed by law."

The proposed legislation provides a comprehensive definition of hate speech, encompassing any spoken, written, or electronic expression made publicly with intent to cause injury, disharmony, or hatred against individuals or groups based on religion, race, caste, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe.

'Hate Crime' refers to the creation, publication, circulation, or promotion of hate speech in any form. 'Communication' includes any public expression conveyed verbally, in print, electronically, or through other means. Terms undefined in this Act will carry meanings as provided in the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, or the Information Technology Act.

The bill introduces stringent punishments for hate speech offenses. First-time convictions can result in imprisonment from one to seven years and a fine of Rs 50,000. Repeat offenders may face imprisonment between two to ten years and a fine of Rs 1,00,000. All offenses under the Act are cognizable and non-bailable, to be tried by a Judicial Magistrate First Class. Courts are also empowered to award victim compensation proportionate to the harm caused.

The legislation extends accountability beyond individuals by holding organizations responsible, with office-bearers deemed liable unless they can prove lack of knowledge or exercise of due diligence. It also obligates digital platforms, allowing designated officers to direct service providers to block or remove hate content online.

The bill includes preventive powers and safeguards, authorizing Executive Magistrates and senior police officers to take action against potential offenders.

It simultaneously protects freedom of expression by providing exemptions for academic, artistic, literary, scientific, and bona fide religious or heritage works.

With cabinet approval secured, the bill will be tabled in the upcoming winter session on December 8 in Belagavi.