Supreme Court Declines New Hate Speech Guidelines, Says Existing Laws Sufficient

On Wednesday, the Supreme Court refused to introduce fresh guidelines or directions to address hate speech, stating that the current legal framework is adequate to deal with such offences.

A Bench comprising Justices Vikram Nath and Sandeep Mehta dismissed a series of petitions that had sought stronger judicial intervention in cases involving alleged communal remarks and inflammatory content.

The court observed that defining criminal offences and prescribing punishments falls within the jurisdiction of the legislature, not the judiciary. It emphasised that constitutional courts cannot compel Parliament or state assemblies to enact new laws, though they may highlight the need for reforms.

Rejecting claims that existing provisions are inadequate, the Bench pointed out that laws under the Indian Penal Code already address acts such as promoting enmity, hurting religious sentiments and disturbing public order. It further noted that the issue lies more with implementation rather than a lack of legal provisions.

Referring to procedures under the Code of Criminal Procedure and the Bharatiya Nagarik Suraksha Sanhita, the court reiterated that police are required to register an FIR in cases involving cognisable offences.

The Bench said individuals can seek remedies if police fail to act, including approaching senior officers or moving to the courts.

While declining to issue new directives, the court acknowledged that hate speech and misinformation can affect social harmony and constitutional values, including dignity and fraternity. It also noted that both the Union and state governments are free to consider additional legal measures if required, including suggestions made in the Law Commission’s 2017 report.

The ruling comes in response to petitions filed since 2020 concerning alleged communal narratives spread through media platforms and public gatherings.

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