Understanding the hermeneutics of hate speech contextualising the contested concept

Abstract

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