Hate speech in diverse democracies: Comparing EU and India

The paper compares free speech law in India and the EU and focus on one aspect that is particularly revealing for diverse democracies: the regulation of so-called “hate speech”. Despite their many obvious differences, the EU and India lend themselves for a comparison in this area, as they share basic democratic commitments. Technologically, the internet and digital media pose new and similar challenges for free speech law across jurisdictional boundaries. This transnational dimension is even constitutive for EU free speech law. We therefore inquire into more nuanced comparative questions about regulatory choices and their democratic significance: Which groups are legally protected, and what does that tell us about the salience of specific minority-majority relations in a diverse democracy? Which historical facts are protected against denial, and what does that tells us about collective memory as a basis for political identity?