This blog is written by Divyansh Samant, a First-Year law student of Symbiosis Law School Noida

Introduction.

In the past few years, Indian media outlets have played a major role in the promulgation and dissemination of hate speech where news anchors portray narratives and poison public opinion by exploiting communal and sectarian fault lines, the aftermath of which manifests in the form of hostility between groups of people, public censorship and in many cases communal riots. The gravity of this daunting situation can even be felt by the fact that a bench comprising of Justice K.M. Joseph and B.V. Nagarathna in January 2023 labelled the same as a “very serious issue” which needs to be immediately acted on by the government of India.

What is Hate Speech?

According to the United Nations hate speech is defined as “any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language concerning a person or a group based on who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.” Hence hate speech is any disrespectful or inflammatory speech that is directed towards a particular group or section of people and has the propensity of inciting violence or creating disharmony.

Controversial Role of the Media.

In recent years, a lot of hate has been incited through these news channels that are popular enough to have a significant impact on people and their thinking. Indian news channels have become a battleground of angry arguments. In 2022 News Laundry an online media outlet analysed debates on major news channels of the country and found in its report that the themes majorly dealt with communal issues, Hindu vs Muslim debates instead of focusing on core issues[1].Foul language and insensitive remarks against minorities are common for example Muslims are being labelled as “anti-nationals” and “terrorists”. Common slogans such as “Let them who are the traitors of the country be shot” (often implied against the Muslims) are being excessively used by news anchors. Even one news presenter went to the extent of designating the Madrasas as a factory that produces Jihadist extremists. Arnab Goswami, a Republic TV anchor in 2020 was booked under Sections 153A and 295A of the IPC for comments made during a debate on the Palghar lynching incident. The First Information Report (FIR) claimed his remarks were inflammatory and could disrupt communal harmony[2]. In Amish Devgan in 2020 was accused of propagating hate speech. Devgan’s derogatory remarks about a Sufi saint led to charges under Sections 295A, 153A, and 505 of the IPC. Even the farmers involved in the far protests in 2020 were criticized by these news channels for being anti-national, Khalistanis, or even terrorists. Nupur Sharma’s dehumanizing comment on the Prophet Mohammed in a TV debate created havoc with the media broadcaster being slammed for allowing it. Shahrukh Alam Advocate and Columnist are distressed by these instances and say “This kind of hateful debate day in and day out is extremely traumatic”[3].

Judicial Reprimands.

The Judiciary particularly the Supreme Court being the custodian of the Constitution has from time-to-time reprimanded news broadcasters and their anchors for showing programs that directly or indirectly spread hatred towards a particular community often under the garb of “patriotism” or “national interest.” In Sudarshan TV vs. Union of India(2020), the Supreme Court stayed the telecast of a contentious program titled "UPSC Jihad," which was supposed to be aired on Sudarshan TV. It had been accused of promoting a communal narrative following an alleged infiltration of Muslim candidates into the civil services as part of an evil conspiracy. “Where is our nation headed” Those were the remarks of a Supreme Court bench comprising of Justices K.M. Joseph and Hrishikesh Roy while it was hearing a bunch of petitions in 2021 aimed at regulating hate speech. The Court expressed serious concern over hate speech instances on news channels. Justice K.M. Joseph remarked- “….. It is the anchor’s responsibility to instantly ensure that he doesn’t let someone who is spewing hate speech continue.” Going a step further the Court, questioned the government saying – “why is standing as a mute witness while all this is happening?” The Bench also emphasized that curbing or regulating hate speech is critical as it affects and poisons that very fabric of the country[4]. In 2023 again a bench comprising Justice B.V. Nagarathna and K.M. Joseph asked the National Broadcasting Standards Authority (NBSA) to take Anchors who create divisions in society off the air. It sent out strong rhetoric condemning TV channels that use sensationalism to target particular individuals or groups of persons, dehumanizing them and lowering their dignity. “They sensationalize and crate divisions in society because of the visual element.” Furthermore, the bench said that the NBSA must necessarily impose heavy fines on channels that violate the program code saying that the NBSA should “… hit them monetarily where it matters.” The Court also added that “Hate speech has become a complete menace. It has to stop”.[5]

Conclusion.

Hate Speech cases particularly involving Indian press and news channels have gradually increased over the years. Many times, news channels broadcast programmes that are aimed at spreading communal disharmony among various groups. In such programs usually, the anchors sensationalize news by targeting and degrading people or their religion which in turn increases their virality and they gain viewership. However Judicial interventions on such media houses and anchors have played a crucial role in holding the media houses and anchors accountable for exaggerating communal tensions and presenting inflammatory content. This has helped appease the public in some quarters and instilled increased confidence in the judiciary, with more serious journalism practices becoming a reality.

REFERENCES-

1) https://www.newslaundry.com/2022/08/13/are-nationalistic-tv-shows-in-national-interest-heres-what-the-nation-may-want-to-know

2)NH Political Bureau, ‘Three Fresh FIR’s Lodged against Republic TV Head Arnab Goswami’ National Herald (25 April 2020) https://www.nationalheraldindia.com/india/three-fresh-firs-lodged-against-republic-tv-head-arnab-goswami-in-punjab accessed 18 September 2024.

3)Richard Gizbert, ‘The Listening Post: India - Narratives of Division and Hate’ Al Jazeera English (2022) https://youtu.be/M9ovHqv_k-g?si=Gd96wiXdsLXlKWLa accessed 19 September 2024.

4)CJP Team, ‘Stop Hate Speech: Supreme Court Directs GOI to Take Action’ Citizens for Justice and Peace(26 September 2022) https://cjp.org.in/stop-hate-speech-supreme-court-directs-goi-to-take-action/ accessed 20 September 2024.

5)Bhadra Sinha, ‘SC on Hate Speech: Anchors Who Create Divisions in Society Should Be Taken Off Air’ The Print (New Delhi, 13 January 2023) https://theprint.in/judiciary/sc-on-hate-speech-anchors-who-create-divisions-in-society-should-be-taken-off-air/1313275/ accessed 20 September 2024.

[1] https://www.newslaundry.com/2022/08/13/are-nationalistic-tv-shows-in-national-interest-heres-what-the-nation-may-want-to-know

[2] NH Political Bureau,, ‘Three Fresh FIR’s Lodged against Republic TV Head Arnab Goswami’ National Herald (25 April 2020) https://www.nationalheraldindia.com/india/three-fresh-firs-lodged-against-republic-tv-head-arnab-goswami-in-punjab accessed 18 September 2024.

[3]Richard Gizbert, ‘The Listening Post: India - Narratives of Division and Hate’ Al Jazeera English (2022) https://youtu.be/M9ovHqv_k-g?si=Gd96wiXdsLXlKWLa accessed 19 September 2024.

[4] CJP Team, ‘Stop Hate Speech: Supreme Court Directs GOI to Take Action’ Citizens for Justice and Peace(26 September 2022) https://cjp.org.in/stop-hate-speech-supreme-court-directs-goi-to-take-action/ accessed 20 September 2024.

[5] Bhadra Sinha, ‘SC on Hate Speech: Anchors Who Create Divisions in Society Should Be Taken Off Air’ The Print (New Delhi, 13 January 2023) https://theprint.in/judiciary/sc-on-hate-speech-anchors-who-create-divisions-in-society-should-be-taken-off-air/1313275/ accessed 20 September 2024.