The Karnataka State Legislature is poised to consider a major new piece of legislation aimed at tackling bigotry and prejudice, following the tabling of the “The Karnataka Hate Speech and Hate Crimes (Prevention)
Bill, 2025,” by the government in the ongoing winter session of Karnataka Legislative Assembly.
The Bill seeks to curb the dissemination, publication, or promotion of hate speech and crimes and provides for strict punishments, raising critical questions about the scope of the new law, especially concerning private communications.
Defining Hate Speech: The ‘Public View’ Clause
The core of the legislation lies in its definitions. According to the draft Bill, ‘Hate Speech’ is broadly defined as any expression made, published, or circulated, in words (spoken or written) or by signs, visible representations, or through electronic communication or otherwise, made in public view with an intention to cause injury, disharmony, or feelings of enmity, hatred, or ill-will against a person, class, group, or community.
The definition of ‘Communication,’ which is central to a ‘Hate Crime,’ is also restricted to an expression “made in public view,” by way of verbal, print, publication, electronic means, or other means.
Crucially, the consistent use of the phrase “in public view” suggests that purely private, one-on-one conversations or messages that are not published or circulated to a wider public sphere may fall outside the purview of the Act’s regulatory scope.
The Bill provides an extensive list of protected characteristics, defining ‘Prejudicial interest’ (the bias driving the hate speech) on the grounds of bias against:
- Religion
- Race
- Caste or community
- Sex
- Gender
- Sexual orientation
- Place of birth
- Residence
- Language
- Disability
- Tribe
Severe Penalties and Compensation
The proposed Bill introduces tough penalties for individuals and organisations found guilty of ‘Hate Crime,’ which is defined as the communication of hate speech or any act of promoting, propagating, inciting, or abetting such speech.
A first offence will attract imprisonment for a term of not less than one year and up to seven years, along with a fine of Rs 50,000, while subsequent or repetitive offences will lead to imprisonment of not less than two years and up to ten years, with a fine of Rs. 1,00,000/-.
Offences under the Act are classified as cognisable and non-bailable. Courts may award adequate compensation to the victim based on the gravity of the impact of the crime.
The Bill also includes provisions to hold individuals in charge of an Organisation or Institution (whether registered or not) liable for offences committed by the entity.
Powers to Block and Remove Hate Material
To tackle the spread of hateful content online and in electronic media, the Bill grants the State Government power to appoint a Designated Officer. This officer will have the authority to direct any service provider, intermediary, person, or entity to block or remove the hate crime materials from its domain.
The Bill explicitly states that the provisions will not extend to publications, writings, drawings, or figures (in electronic form or otherwise) that are proven to be justified for the public good, such as those in the interest of science, literature, art, learning, or other general concerns. Materials kept or used for bona fide heritage or religious purposes are also exempted.
