Understanding the Hermeneutics of Hate Speech Contextualising the Contested Concept

Abstract

newline The advent of globalisation and technology in the 21st century has created a world newlinewhich is a global village with increased interconnectedness and porous geographical newlineborders. This has promoted not only movement of people across borders but also newlinecultures and beliefs. As a result, most societies today are multiculturally diverse and newlineheterogenous in nature. However, this diversity has travelled hand-in-hand with social newlinestrife, deepening cultural divide and active manifestation of distinct identities based newlineon race, ethnic and national origins. In such a scenario, hate speech finds fertile newlineground to grow and fester. newlineHate speech is known by its various forms such as fighting wordsand#8223; and words that newlinewoundand#8223; which conveys the meaning that it is essentially speech that is derogatory newlinetowards another individual. But this simplistic conception of hate speech does not newlineexplicate upon the complexities that are involved in this contested concept. Hate newlinespeech can take myriad forms ranging from its extreme manifestation in the form of newlineincitement to violence or hostility to hateful expressions that cause hurt to the victim. newlineThe fundamental challenge that hate speech encounters is that hate speech laws are a newlinerestriction on the enjoyment of fundamental right of free speech. The primary newlinequestion that arises in such situations is the legitimacy and the justification of such a newlinerestrictive act and the extent to which the right to speech of an individual in a dynamic newlinedemocracy may be curbed. Books, newspapers, films and others works of art have newlinebeen routinely banned by the government under the hate speech laws for promoting newlinehatredand#8223;. This has made regulation of hate speech a tricky endeavour in all jurisdictions newlinethat walks a tightrope between restriction of hate speech and balancing civil liberties. newlineThe advent of internet technology to disseminate online hate speech has compounded newlinethe problems related to regulation of hate speech. The lightning fast speed of newlinetransmission of information and anonymity..