Online Hate Speech: A Critical Appraisal of law relating Electronic Evidence in India

Abstract

We are living in the era of technology and internet is gift of technology. The advantage of internet is blessings but misuse of internet results into the headache. Online hate speech is one of the issues of the modern era. The legal mechanism is also going through big challenge regarding the protection of online hate speech in India. Section 66 A of the Information Technology Act, 2002, was struck down by the Hon’ble Supreme Court and it created challenge for the protection of online hate speech. We have seen number of incidence where fake news/objectionable materials/hate speech/rumors are put through computer resources and communication devices. It had spread hate and violence in the large number of cases. The researcher put light on the notion of hate speech and discuss in detail the international law, domestic law and judicial pronouncements. Civilized Society is facing enormous crisis to deal with online hate speech. The researcher is examining the existing legal mechanism on online hate speech with the relevant provisions of the law and judgments. Electronic evidence is vital to judge the online hate speech. The legal mechanism and judicial pronouncements on the electronic evidence are scrutinized in