Karnataka’s hate speech bill: Activists fear potential misuse of legislation | Bengaluru News

Bengaluru: Activists, lawyers, and civil society representatives have raised concerns about the new hate speech bill. They are worried about conflation of hate speech and hate crimes as the bill limits hate crimes to communication of hate speech. The legislation does not differentiate between inciting hate speech and actual commission of hate crimes such as mob lynching or punitive demolitions, they highlighted.Concerns extended to arbitrary state action as the bill grants excessive powers to law enforcement officials to maintain public order without clear guidelines or due process.Vimala KS, women’s rights activist, said: “There are high chances of use, misuse, and abuse of such bills by ruling parties. However, given the current levels of Islamophobia and misogyny in the country, it is also the govt’s responsibility to step in and curb these tendencies. The provision empowering a designated officer to remove any content they deem objectionable is problematic. Although the bill could offer significant protection, especially against abuse targeting women, there is concern that criticism of constitutional or governance issues could be interpreted as hate speech if it does not align with the ruling party’s views. Ultimately, the real test will lie in how this bill is implemented.”Girish Bharadwaj, social activist, said: “The bill has the potential for restricting freedom of speech and expression under Article 19(1)(a). Erring on the side of caution is key in passing legislation like this as it has the potential for creating a chilling effect against free speech.”Tanveer Ahmed, human rights activist, said: “Our concern is not about the intent of the bill, which may be good, but the lack of public consultation and possibility of misuse. Unless terms such as hate speech and hate crime are clearly defined, and safeguards built in, there is always a risk — especially if there is a change in regime or ideology.”Mavalli Shankar, of Dalit Sangharsha Samiti, opined: “We welcome this bill, though there should be extra emphasis to protect hatred against oppressed communities like Dalits. However, hate speech happens against everybody and it should be dealt with… I think the bill should be implemented in a fair manner.”Sachin Dhawan, public policy expert, said: “The bill empowers a state-level designated officer to direct intermediaries to remove hate crime content without providing a notice and hearing. Furthermore, the bill lacks a provision for review of removal orders. Such omissions will increase the likelihood of arbitrariness in content removal process.”Meanwhile, Vinay Srinivasa, advocate, Campaign Against Hate Speech, said hate speech and hate crimes are tearing Karnataka apart. “It’s good that the govt is paying attention to it. However, the bill seems to be hurriedly drafted and will not be effective in curtailing hate speech. It is also liable to be misused against marginalised communities. The govt must hold wide consultations on how to tackle this problem.“