Policing cyber hate: a comparative analysis between Malaysia and India

Abstract

Hate speech becomes prevalent phrase in modern times. It is utilised in political debates, and legal jargon. Recently, Southeast Asia has seen an increase in disinformation-driven hate speech. Such crime evolved into a new paradigm with the advances in ICT. Currently, social media platforms allow people to exercise their right to free speech. People publish sensitive content and provocative remarks on social media without any restraints or limitations, which jeopardises or threatens national security and peace. Many cyber-related crimes including hate speech are criminalised in India and Malaysia. However, both jurisdictions' laws have several flaws, and there is no explicit and comprehensive legislation to govern or punish online hate speech. It also analyses flaws in existing legal systems and proposes new techniques to regulate online hate speech in Malaysia and India. This study uses a doctrinal research technique, which analyses primary and secondary sources. The findings show that the use of social media platforms is on the rise, increasing the possibility to infringe on fundamental liberties such as hate speech and expression. Without legal oversight or effective governance, the problem could lead to poor governance and threaten the wellbeing of the nations.