The “United Nations Strategy and Plan of Action on Hate Speech” defines hate speech as “any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.”
However, the Indian legal system struggles to strike a balance between hate speech and freedom of expression. For example, the 267th report of the Law Commission of India states: “Hate speech is an expression which is likely to cause distress or offend other individuals on the basis of their association with a particular group or incite hostility towards them. There is no general legal definition of hate speech, perhaps for the apprehension that setting a standard for determining unwarranted speech may lead to suppression of this liberty.” As a result, India’s legal institutions do not sufficiently prevent the spread of hate speech and make criminal prosecution difficult.