Karnataka hate speech Bill targets digital platforms, proposes 3-year jail term

India Today

10 hours ago

The Karnataka government has proposed a new law to criminalise hate speech and identity-based violence, expanding its scope to include digital platforms and providing preventive powers to district authorities. The draft legislation, titled the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Bill, 2025, outlines penalties of up to three years in prison and Rs 5,000 in fines for individuals convicted of offences defined under the law.advertisementThe proposed Bill classifies hate speech and hate crimes as non-bailable and non-cognisable offences. Hate crime is defined as any act that causes harm, incites violence, or spreads hatred based on identity markers such as religion, caste, gender, sexual orientation, tribe, language, or disability. Hate speech, meanwhile, includes any form of communication—verbal, written, visual, or digital—that is intended to promote hostility or incite harm. This includes content shared in both public and private spaces, with the mere act of making such material accessible to others being liable for prosecution.In a key provision, the Bill holds digital intermediaries such as social media companies, search engines, telecom operators, online marketplaces, and internet service providers accountable for content they host or disseminate. These platforms could face penalties if they knowingly or unknowingly enable hate content, including imprisonment of up to three years and financial fines.advertisement
The legislation also targets enablers of hate speech and hate crimes. Individuals who provide financial support, offer platforms, or otherwise assist in the commission of such offences may face the same penalties as the primary perpetrators.District magistrates will be empowered to issue preventive orders in areas where a risk of communal disturbance exists. These orders may prohibit gatherings, processions, use of loudspeakers, or any act likely to incite fear. Such restrictions can initially be imposed for up to 30 days, with a possible extension of up to 60 days based on necessity.The draft introduces the concept of a 'victim impact statement' which allows victims or their representatives to submit a sworn statement describing the psychological, physical, social, or financial damage endured. Courts will be required to consider these statements while determining sentencing.The Bill makes certain exemptions for protected forms of speech, including genuine artistic expression, academic research, scientific analysis, factual journalistic reporting, and religious discourse, provided such content does not incite violence or hatred.For effective implementation, the Bill calls for awareness campaigns, training programmes for government officials, and public education efforts. These responsibilities may be assigned to state commissions, such as the Human Rights Commission or the Commission for Women.advertisementGovernment officials acting in good faith under the Bill will be protected from legal action. The state government will also be empowered to frame rules and regulations for enforcing the legislation, with oversight by the state legislature.
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