Hate Speech Law
Evangelical hate speech towards Hindus under European standards and the Indian constitutional understanding
For a business and juridical audience accustomed to balancing expressive freedom against regulatory risk, European hate speech law offers a sophisticated yet deeply contextual model—one that becomes problematic when abstracted from its cultural, historical, and constitutional soil and transplanted wholesale into India. The European legal order does not treat speech as an absolute liberty but as a qualified right, constantly mediated by dignity, equality, and social peace. This mediation is not merely philosophical; it is operationalized through criminal law, regulatory instruments, and platform governance, culminating most recently in the Digital Services Act (enforced in 2022) and its integrated Code of Conduct on Countering Illegal Hate Speech Online+. The danger lies not in Europe’s internal coherence, but in the temptation to universalize its standards without regard to civilizational asymmetry.
Under European law, speech that directly attacks individuals or groups based on protected characteristics—religion, race, ethnicity, caste, gender, sexual orientation, or nationality—may fall outside constitutional protection where it spreads, incites, promotes, or justifies hatred. The Framework Decision 2008/913/JHA, Council of Europe Recommendation 97(20), and the jurisprudence of national constitutional courts and the Court of Justice of the European Union collectively establish that expressions of inferiority, dehumanization, exclusion, or threats aimed at protected groups may be criminally sanctionable. This is not framed as censorship but as the preservation of democratic order itself. Freedom of expression, repeatedly affirmed by constitutional courts in Italy, Germany, Spain, and by the CJEU, is understood as foundational—but not unbounded. Hate speech is treated as a distortion of democratic discourse, not its exercise.
Within this framework, calling a religious community “heathen,” “godless,” or intrinsically inferior is not a protected opinion but a direct attack on religious identity. Telling adherents of a faith that they will “go to hell,” or that their belief system is false and salvationally void, when expressed not as internal theology but as a public, targeted assertion toward others, risks classification as hateful conduct under European standards. Likewise, labeling non-Muslims as “kafir” in a derogatory, exclusionary, or hostile sense would fall squarely within the legal definition of hate speech as publicly inciting hostility against a group defined by religion. These expressions cannot be rescued by invoking freedom of speech where they are unsupported by evidence, reason, or good faith, and where their sole function is to demean, exclude, or assert moral supremacy.
European law draws a critical distinction between belief and conduct. One may privately or doctrinally believe in religious exclusivity, but public speech that attacks the dignity of others on protected grounds is subject to legal restraint. This distinction is essential to understanding why European regulators, courts, and legislators treat missionary speech with caution when it crosses from self-expression into denigration. The European standard does not criminalize faith; it regulates speech acts that operate socially as harm.
The Digital Services Act marks a decisive institutionalization of this philosophy. With the integration of the revised Code of Conduct on Countering Illegal Hate Speech Online+ into the DSA framework on 20 January 2025, Europe moved from soft coordination to structured regulatory alignment. The Code, originally adopted in 2016 and now strengthened, obliges major platforms—designated Very Large Online Platforms and Search Engines—to adopt concrete risk mitigation measures against illegal hate speech as defined by EU and Member State law. Compliance is no longer reputational; it is auditable. Platforms such as Facebook, Instagram, LinkedIn, TikTok, X, YouTube, and others have committed to defined review timelines, transparency obligations, multi-stakeholder cooperation, and granular reporting, including country-level data and the role of recommender systems in amplifying hateful content.
Crucially, European law distinguishes between legal and illegal hate speech. Not all offensive speech is unlawful, but speech that incites violence, hatred, or discrimination against protected groups crosses a legal threshold. This calibrated approach reflects Europe’s historical experience with racial hatred, religious persecution, and genocidal propaganda. The law is shaped by memory as much as by principle. Codes of conduct under Articles 45 to 47 of the DSA are formally voluntary, yet for VLOPs and VLOSEs, they function as de facto compliance instruments, reinforced by mandatory annual audits. The same architecture now applies to disinformation, online advertising transparency, and accessibility, signaling a comprehensive regulatory philosophy that treats platforms as systemic actors rather than neutral conduits.
When this European standard is projected onto India without translation, the consequences are destabilizing. India is not merely a jurisdiction; it is a civilizational ecosystem with plural religious philosophies that do not map neatly onto Abrahamic categories of belief, salvation, or exclusivity. Hindu Sanatana Dharma, Vedic traditions, and indigenous philosophies do not operate on the binary logic of believer and non-believer, saved and damned. Under a European hate speech lens, much of aggressive evangelism—particularly when it frames Hindu traditions as false, godless, or morally inferior, or when it asserts that Hindus will go to hell absent conversion—would likely qualify as illegal hate speech. It would be interpreted as an attack on religious identity, a statement of inferiority, and an incitement to exclusion. The same would apply to derogatory religious labeling in any direction.
Yet India’s constitutional culture has historically tolerated a broader spectrum of religious expression, including polemic, critique, and even theological hostility, tempered by public order considerations rather than dignity-centric doctrine. Importing European hate speech standards as a gold benchmark risks criminalizing entire modes of religious discourse that, while uncomfortable, are embedded in India’s social reality. It risks converting human beings into regulated speech units, governed by algorithmic compliance and bureaucratic morality. The aspiration to eliminate hatred entirely through law may inadvertently produce a society of controlled expression rather than genuine coexistence.
The European project is internally coherent because it is rooted in European history, trauma, and constitutional evolution. Its regulatory sophistication, particularly under the DSA, is impressive and, within its context, defensible. But legal transplants are not neutral acts. To apply European hate speech law in India without civilizational calibration would not merely regulate speech; it would reorder religious power, suppress philosophical plurality, and invite selective enforcement. The law must recognize that societies have different thresholds for offense, different conceptions of harm, and different relationships between belief, identity, and speech.
Ultimately, the challenge for lawmakers, courts, and businesses operating across jurisdictions is not to universalize standards, but to contextualize them. Let human beings remain human—capable of love, disagreement, belief, and even animosity—within reasonable legal bounds. The task of law is not to manufacture moral uniformity, but to prevent violence, exclusion, and systemic harm. Europe’s hate speech regime is a product of its own history. India must craft its own, informed by constitutional values, social complexity, and civilizational depth, rather than by regulatory imitation.
Biblography
- Natalie Alkiviadou — Hate Speech and the European Court of Human Rights
Publisher: Routledge
Publication: 2025 (acceptance/publication year noted)
Why Read: A comprehensive examination of ECtHR jurisprudence on hate speech, freedom of expression, and protected characteristics, providing essential context for how European norms treat religiously offensive speech. Offers detailed case analysis useful for comparing EU and Indian frameworks. - Eric Heinze (ed.) — Criminalising Hate Speech: A Comparative Study
Publisher: T.M.C. Asser Press/The Hague
Publication: January 2025
Why Read: A comparative academic work that situates European hate speech criminalization within broader global paradigms. Valuable for understanding how religion, identity, and speech are legally balanced across jurisdictions, including EU law. - Erica Howard — Freedom of Expression and Religious Hate Speech in Europe
Publisher: Taylor & Francis (Informa UK Limited)
Publication: 2025
Why Read: Focuses specifically on the difficult intersection of freedom of expression and religion in European law, analyzing when religious critique becomes unlawful speech. Important for assessing claims about evangelistic speech and religious dignity within EU protections. - Council of Europe — Manual on Hate Speech
Publisher: Council of Europe Publishing
Publication: 2014 (updated resources and editions exist)
Why Read: A foundational reference explaining how the European Convention on Human Rights and related Council of Europe instruments define hate speech versus protected expression, including religious and belief dimensions. - European Parliament — The European Legal Framework on Hate Speech, Blasphemy and its Interaction with Freedom of Expression
Publisher: Publications Office of the EU
Publication: 2016 (Study published after 2015 request)
Why Read: Official EU study on how hate speech and blasphemy law interact with free speech and religious rights, offering policy-level insight into legislative and interpretive standards across Member States. - Judit Bayer & Petra Bárd — Hate speech and hate crime in the EU and the evaluation of online content regulation approaches
Publisher: European Parliament Think Tank
Publication: 2020
Why Read: An analysis of how online hate speech is understood, regulated, and enforced across EU countries, underlining the EU’s collective policy approach and its implications for digital platforms and fundamental rights. European Parliament - Uladzislau Belavusau — Fighting Hate Speech through EU Law
Publisher: Amsterdam Law Forum (peer-reviewed article)
Publication: 2012
Why Read: Early academic article tracing the development of EU hate speech norms, including ECJ jurisprudence and emerging constitutional theory, helpful for understanding long-term doctrinal evolution. - European External Action Service — Hate speech poisons societies and fuels conflicts
Publisher: European External Action Service (EEAS)
Publication: 2022
Why Read: A strategic policy overview explaining the EU’s recognition of hate speech as a social danger, including religion-based hate speech and its social consequences, anchoring legal norms in political reality.
Tanmoy Bhattacharyya
22nd December 2025