What Hate Speech Is Not

The CEO of Twitter, the social media platform, recently found himself the subject of some heckling on, irony be damned, Twitter. The reason was a photograph taken of Jack Dorsey holding a poster that read ‘Smash Brahmanical Patriarchy.’ Some claimed that this amounted to hate mongering and hate speech, a notion that is as misguided as it is dangerous.

To begin with, the plain text of the poster is not directed against any individual and arguably, it does not target a particular community either. What it does is call for the end of a regressive tradition of patriarchy that anyone can subscribe to.

Which brings us to the second point: the inordinate amount of focus on the use of the word ‘smash’ and how this is tantamount to a call for violence. It is almost as if the hecklers have seen one too many movies containing a certain green-skinned comic book character who likes to wreak havoc and now cannot help but associate the said word with violence. In reality, the word is little more than an example of the usage of a forceful verb.

This examination of the plain text of the poster must also be seen in the context of what the intent behind it was. In the Shreya Singhal judgement, the Indian Supreme Court looked at the conditions under which the right to freedom of speech and expression can be restricted. It held that speech and expression that amounts to either discussion or advocacy, howsoever unpopular, cannot be restricted. The only valid ground is that of incitement. Can the language of the poster be categorised as incitement? Clearly not, judging by a measured understanding along the lines of the first two points above. Does it fall within the scope of discussion or advocacy? Yes.

Thus, the claims of hate mongering and hate speech against the poster are ill-founded. Their attempt to lower the bar for the freedom of speech and expression is as regressive for society as the patriarchy that they implicitly champion.

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