Karnataka's Bold Move: A New Law to Combat Hate Speech

Can a law help curb hate speech in India? That's what the southern state of Karnataka is betting on.

Last month, legislators passed a bill which aims to prevent hate speech and hate crimes that fuel communal tension or target individuals and groups.

Hate speech is not new in India, but it has intensified in recent years as social media has spread and television channels amplify comments and reactions. A report last year found hate speech against minorities - mainly Muslims - rose 74% in 2024, peaking during the national elections.

That's why the Karnataka government - led by the Congress party - says the move is necessary, arguing that hate speech can lead to real-life violence. But critics warn this could come at the cost of civil liberties and free speech.

The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025, which still needs the state governor's sign to become law, sets out how hate speech cases should be investigated and prosecuted.

It defines hate speech as any expression which is made, published, or circulated… in public view verbally, in print, television or social media. But it also defines a hate crime as the communication of hate speech, without specifying whether it needs to lead to violence or not.

The bill gives the state government the power to order social media and digital platforms to take down content it deems hate speech, something only the federal government can do currently.

India doesn't have a federal law against hate speech but a number of provisions across laws prohibit certain forms of speech, writing, and actions as exceptions to free speech.

This includes criminalization of acts that could promote enmity between different groups on grounds of religion and deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

The BJP, which governs nationally but is in the opposition in Karnataka, has said that bringing in a separate law is unnecessary.

But Karnataka home minister G Parameshwara told the assembly the bill would close loopholes in existing law, making hate speech and hate crimes non-bailable and giving the state wider powers to act.

It also raises punishments. If passed into law, those convicted of hate crimes would face non-bailable jail terms of one to seven years and fines of 50,000 rupees ($550; £410), with tougher penalties for repeat offenders.

The BJP, often accused of coming down sharply on dissent nationally and in states it governs, has been protesting against the bill, saying it could curb free speech.

Legal experts and free speech activists echo the concerns. Supreme Court lawyer Sanjay Hegde warns that the law could be misused by political parties across the spectrum.

“One party's hate speech is another man's political propaganda and vice versa. Just because you dislike some speech, it does not become hate speech,” he says.

The debate has also raised a more fundamental issue around how hate speech and crime are defined by law.

Experts also cite a 2015 Supreme Court ruling that laws criminalizing speech must be precise, not vague or overly broad, to avoid a chilling effect in which people self-censor for fear of prosecution.

BJP leaders and some activists have urged the governor not to pass the bill but to instead send it to the Indian president for consideration.

Advocate and social activist Girish Bhardwaj, who has written to the governor, says the bill regulates citizens rather than hate speech.

However, a senior Karnataka government official told the BBC, on condition of anonymity, that the bill would empower police by removing the need for government permission to file chargesheets, ruling out abuse of power.

The police will have to approach the court directly and face consequences for inaction or mistakes. This also means the accused can be tried regardless of political affiliation, the official added.

Critics, however, argue that because the first point of action is the police, they may exercise wider discretion in deciding what qualifies as hate speech.

Ultimately, the effectiveness of this law in curbing hate speech in Karnataka remains to be seen amidst ongoing debates about civil liberties, the scope for political misuse, and the need for precise definitions in legal contexts.