Report No. 267

Hate Speech

Contents
	Table of Contents
Chapter I	Background
Chapter II	Legal Provisions of Hate Speech in India
	Legislations Around Hate speech
Chapter III	Examination of the Issue by the Commission
	Analysis of Hate Speech Jurisprudence in India
Chapter IV	Impact of Hate Speech on Freedom of Expression
	An Overview of International Legal Regime on Hate Speech
	European Union and United Kingdom
	Tests for determining hate speech
	Racial and Religious Hate
	Homophobia
	Negationism
	Threat to Democratic Order
	Hate Speech and Internet
	United States
(i)	Content Discrimination and Viewpoint Discrimination
(ii)	Distinguishing Conduct and Expression
(iii)	Test to qualify speech as hate speech
	Canada
(iv)	Tests to determine limitation on freedom of expression
	South Africa
Chapter V	Identifying Criteria of Hate Speech
	Manner of Regulation - Respecting dissent and non-majoritarian speech
Chapter VI	Review of Penal Law
	Examining Restrictions on Freedom of Speech and Expression
	Politics and Hate Speech
	Judicial Doctrine
	Distinguishing Sedition from Hate Speech
	Non-Legal Measures to Address Hate Speech
	An Effort to find Solution
	Prohibiting Advocacy of Hatred138
Chapter I	Preliminary
1.	Short title
Chapter II	Amendments to The Indian Penal Code
2.	Insertion of new section after section153B
3.	Insertion of new section after section 505
Chapter III	Amendments to The Code of Criminal Procedure, 1973
4.	Amendment of First Schedule
4.	After the entries relating to section 505