Karnataka Hate Speech Bill simplified: What it is, who is punishable and who is exempted?

The Karnataka government tabled the Hate Speech and Hate Crimes (Prevention) Bill amid opposition from BJP leaders during the Assembly session in Belagavi on December 10 and scheduled a discussion on Wednesday (December 17).

According to Deputy Chief Minister DK Shivakumar, the Bill aims to safeguard constitutional values and curb provocative political discourse.

He said the Bill intends to reinforce constitutional principles and rubbished BJP's claim that it was being introduced to target political opponents.

"If the BJP refrains from indulging in hate speech, everything will be fine. They have been the pioneers of creating hostility, be it through caste-based, religious, or personal attacks," Shivakumar said.

However, the BJP has alleged that the Bill will curb free speech and has been introduced to "silence critics" against its own "failures".

"A 10-year jail term for 'hate speech'? Is this to curb hate speech or to curb freedom of speech itself? Is this for maintaining harmony, or for silencing every voice that questions their failures?" Union Minister Pralhad Joshi said in a post on X.

With the two parties at loggerheads, what exactly does the Bill propose?

The Bill clearly defines "hate speech", "prejudicial interest", "hate crime", and "communication.

Hate speech: According to the Bill, hate speech refers to any expression made with intent or cause injury, disharmony or hatred against a person or a community.

Prejudicial Interest: This includes bias, hate speech or crime on the basis of 11 grounds. This aims to protect the vulnerable sections of the society.

Hate crime: The Bill defines hate crime as communication of hate speech, by making, publishing or circulating or any act of promoting, propagating, inciting it to promote disharmony or hatred.

Here, communication means expression, made in public view, by way of verbal, print, publication, electronic means, or other means to convey such expression.

What is the punishment for an offence?

The punishment proposed in the Bill includes jail term of at least one year, which can be extended up to seven years and a fine of Rs 50,000 for first time offenders. For the subsequent offences, jail term extends to at least to two years and the maximum term would be 10 years. Additionally, a fine of Rs 1 lakh will be imposed.

According to the law, the offences under the law will be cognizable, non-bailable and triable by the Judicial Magistrate First Class.

Important provisions

According to the Bill, an executive magistrate, a special executive magistrate or a police officer of the rank DSP and above can take preventive action to maintain peace.

The Bill also provides for an offence committed by an organisation or institution. Under this, persons charged at the time will held responsible and can be prosecuted.

Additionally, a designated officer has the power to instruct service providers or intermediaries to block or remove hate crime materials from their platforms.

Further, courts are empowered to award adequate compensation to victims based on the injury and gravity of the impact of the crime.

Exemptions

According to the Bill, the proposed law will not apply if publications justify the act for public good, which is in the interest of science, literature, art, or for heritage or religious purposes.