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

<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.