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'Objectionable Content' and the Changing Contours of Hate Speech Law

'Objectionable Content' and the Changing Contours of Hate Speech Law

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'Objectionable Content' and the Changing Contours of Hate Speech Law
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<strong>CENTRE FOR THE STUDY OF LAW AND GOVERNANCE Jawaharlal Nehru University</strong> SEMINAR SERIES <strong>SIDDHARTH NARRAIN</strong> Research Associate, Sarai Programme, Center for the Study of Developing Societies (CSDS), New Delhi on <strong>'Objectionable Content' and the Changing Contours of Hate Speech Law</strong> With the advent of the Internet and increasing circulation of hate speech, and material that has been linked to public order disturbances, there has been a shift in the legal discourse around hate speech. What has emerged, especially post the striking down of section 66A of the Information Technology Act, are categories such as 'objectionable', 'provocative' content. The focus has shifted from the content itself, what it says, and the intention of the author, to being able to pre-empt the circulation of such material. Law is increasingly invoked to prevent speech (through prior restraint) rather than post facto investigation and prosecutions. This in turn has given rise to a range of institutional mechanisms such as monitoring labs that are now part of policing practice. Additionally, Internet intermediaries have become major players who, along with civil society organizations, are now collaborating with police to help trigger mechanisms to take content off these platforms. Increasingly, it is through keywords and algorithmic searches that the category of 'hate speech' has been defined rather than traditional legal doctrine. In the words of Lawrence Lessig, "code plays the role of law, and the architecture of the Internet becomes policy". This paper will examine some of the key questions that have arisen in this rapidly changing technological and media sphere. <strong>18 March 2016</strong> <strong>ABOUT THE SPEAKER: </strong>Siddharth Narrain is a lawyer and Research Associate at the Sarai Programme, Center for the Study of Developing Societies (CSDS), Delhi. He has worked previously with the Alternative Law Forum, Bangalore, and The Hindu Group of Publications, Delhi.

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Initially, established as a Centre for Chinese and Japanese Studies, it subsequently grew to include Korean Studies as well. At present there are eight faculty members in the Centre. Several distinguished faculty who have now retired include the late Prof. Gargi Dutt, Prof. P.A.N. Murthy, Prof. G.P. Deshpande, Dr. Nranarayan Das, Prof. R.R. Krishnan and Prof. K.V. Kesavan. Besides, Dr. Madhu Bhalla served at the Centre in Chinese Studies Programme during 1994-2006. In addition, Ms. Kamlesh Jain and Dr. M. M. Kunju served the Centre as the Documentation Officers in Chinese and Japanese Studies respectively.

The academic curriculum covers both modern and contemporary facets of East Asia as each scholar specializes in an area of his/her interest in the region. The integrated course involves two semesters of classes at the M. Phil programme and a dissertation for the M. Phil and a thesis for Ph. D programme respectively. The central objective is to impart an interdisciplinary knowledge and understanding of history, foreign policy, government and politics, society and culture and political economy of the respective areas. Students can explore new and emerging themes such as East Asian regionalism, the evolving East Asian Community, the rise of China, resurgence of Japan and the prospects for reunification of the Korean peninsula. Additionally, the Centre lays great emphasis on the building of language skills. The background of scholars includes mostly from the social science disciplines; History, Political Science, Economics, Sociology, International Relations and language.

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