Seven-year jail, Rs 50,000 fine for hate speech | Karnataka Cabinet approves bill, likely to be introduced in winter session

Bengaluru: Making ‘hate speech’ and circulating it will attract up to seven years in jail and a fine of 50,000, the Congress government has proposed in a new law under which authorities can go after rabble-rousing individuals and organisations. 

The Karnataka Hate Speech and Hate Crimes (Prevention) Bill, approved by the Cabinet on Thursday, may be introduced in the winter session of the legislature starting December 8. 

The Bill defines ‘hate speech’ as “any expression which is made, published or circulated in words either spoken or written or by signs or by visible representations or through electronic communications or otherwise, in public view with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will against person [sic] dead or alive, class or group of persons or community, to meet any prejudicial interest”.

The offences will be cognisable and non-bailable.

‘Hate crime’ includes communication, publishing or circulation of hate speech “or any act of promoting, propagating, inciting or abetting or attempting such hate speech to cause disharmony or feelings of enmity or hatred or ill-will against any person dead or alive or group of persons or organisations”. 

The proposed law will not apply to books, pamphlets, papers, writings, drawings and paintings if they deal with science, literature, art, learning or are used for "bona fide heritage or religious purposes".

The minimum jail sentence for hate crime is one year, extendable up to seven with a fine of Rs 50,000. Subsequent or repeat offences will attract 2-10 years’ jail and a fine of Rs 1 lakh. 

Even an organisation or institution, defined by the Bill as an “association of persons...registered or not”, is “deemed to be guilty” if it engages in hate speech or crime. Liable persons associated with the organisation will have to prove that the offence was committed without their knowledge or that they did due diligence to prevent it. 

Home Minister G Parameshwara clarified that the Bill does not target the Opposition BJP. “We [Congress] won’t be in power permanently. Won’t governments change? The law will apply irrespective of who’s in power. The Bill doesn’t mention BJP, Congress or JD(S),” he said. 

Takedown powers

An officer designated by the government will have powers to direct “service providers, intermediaries, persons or entities to block or remove hate crime materials”. This will include electronic media, the Bill says. 

The Bill also empowers district magistrates and deputy police superintendents to take “preventive action” if they believe that a person or a group within their jurisdiction will commit a hate crime.