Abstract

Traditionally, both hate speech and free speech revolved around physical means such as rallies, demonstrations, violence, etc. But today, the right to speech and expression is being exercised mostly through digital platforms and algorithms. According to an Ipsos survey, two in three people often encounter hate speech online . The environment of expression of opinion has changed globally. Today, most modern democracies, including India, USA, and many European nations, struggle with the legal issues of regulating the content and communication on digital platforms. Countries still lack the standards for preventing online hate. For countries that have legal framework for online hate, face gap in effectively regulating practices such as radicalism, dog whistles, etc. This calls for an inclusive, modern, innovative, and comprehensive legal frameworks which accounts for all forms of online speech. This article argues that modern democracies should shift from traditional over-regulation on free speech, instead, it should recognise the role of digital speech and online content in eroding unity and equality before violence erupts. It examines the historical context, transformation, challenges, case studies, and the role of social media in free speech and expression. This articles also proposes legal and policy innovations to balance democratic expressions with digitally amplified hate.

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