HATE SPEECH

NASSAR ALI
(Additional District and Sessions
Judge)
Diploma in Counter Terrorism
Prosecution & Management
Studies(BHC&PIM)
Certificate in Nuclear Terrorism (State
University of New York)

Email:- nassar.alidpg@gmail.com
Cell no:-0092- 03214321826
 Objective of Presentation
To familiarize and
discuss nature of
legislation, nature of
evidence at Investigation
and trial Stage in cases
of HATE CRIME
 DEFINATION OF HATE SPEECH
A communication that is intended to foster
hatred or provoke violence against individuals
or groups based on
race, or color
religion,
ethnicity
sexual preference,
place of national origin,
or other improper classification.
 HATE SPEECH LEGISLATION IN
PAKISTAN
SOME KEY WORDS
on grounds of
religion,
race,
place of birth,
Residence
language,
caste or community
or any other ground whatsoever,
 Cont
Causes :-
disharmony or
feelings of enmity,
hatred or
ill-will
by :-
words whether spoken or written or
by signs or
by visible or
audible representations or
otherwise publishes any statement or
Other wise
 CRIME

HATE
SPEECH
MOTIVATION
(Bias)
 CONCEPT OF HATE SPEECH
Hate crimes are message crimes.
Hate crimes seek to divide communities.
The Two Elements
i) Criminal Offence
ii) Motivation(bias)

Special Features
i) Different from ordinary crimes
ii) Impact on Victim
 Bias or Hate?
Jealousy or a desire for peer approval;

The perpetrator may have no feelings about the

individual target of the crime but have hostile
thoughts or feelings about the group to which
the target belongs;

The perpetrator may feel hostility to all

persons who are outside the group in
which the perpetrator identifies himself or
herself; or

At an even more abstract level, the target may

simply represent an idea, such as immigration,
to which the perpetrator is hostile.
 Concept fo Hate Speech, where
criminal threshold crossed
Human Rights and Equality
Effect on Victim
Community Impact
Gujranwala Case

Security Issues
KOT RADHA KISHAN, BRICKLIN CASE
 Criminal Threshold
The Constitution of Pakistan, 1973
19-Freedom of speech, etc.
Every citizen shall have the right to freedom of
speech and expression, and there shall be freedom
of the press, subject to any reasonable
restrictions imposed by law
in the interest of the glory of Islam or
the integrity, security or defence of Pakistan or any part
thereof,
friendly relations with foreign States,
public order,
decency or morality, or
in relation to contempt of court, [commission of] or
incitement to an offence.
Cont..
 HATE SPEECH LEGISLATION IN
PAKISTAN
ANTI-TERRORISM ACT 1997
Act of Terrorism (Sec 6(2)(f)
Punishment sec 7(1)(g)
Prohibition of acts intended or likely to stir
up sectarian hatred Sec 8
Punishment Sec 9
Power to enter or search Sec 10
Power to order forfeiture Sec 11
 Cont
Printing, publishing, or disseminating any
material to incite hatred or giving, projection
to any person convicted for a terrorist act or
any prescribed organization or an
organization placed under observation or
anyone concerned in terrorism
Sec 11-W
 ACT OF TERRORISM U/S 6 OF ATA

S. 6 Terrorism.
(2) An action shall fall within the meaning
of sub-section (1), if it:-
f. incites hatred and contempt
on religious, sectarian or ethnic basis
to stir up violence or cause internal disturbance
 INGREDIENTS OF HATE MATERIAL U/S
8 OF ATA
8. prohibition of acts intended or likely to stir up
sectarian hatred.- A person who:-
(a) uses threatening, abusive or insulting words
or behavior; or
(b) displays, publishes or distributes any written
material which is threatening, abusive or
insulting: or words or behavior; or
(c) distributes or shows or plays a recording or
visual images or sounds which are threatening,
abusive or insulting: or
 Cont
(d) has in his possession written material or a
recording or visual images or sounds which
are threatening, abusive or insulting with a
view to their being displayed or published by
himself or another, Shall be guilty of an
offence if:--
i. he intends thereby to stir up sectarian
hatred; or
ii. having regard to all the circumstances,
sectarian hatred is likely to be stirred up
thereby
INGREDIENTS OF HATE MATERIAL U/S
11-W OF ATA
11-W. Printing, publishing, or disseminating
any material to incite hatred or giving
projection to any person convicted for a
terrorist act or any prescribed organization or
an organization placed under observation or
anyone concerned in terrorism.
1) A person commits an offence if he
prints,
publishes or
disseminates any material,
 CONT..
whether by
audio or video-cassettes or
Any form of Data
Storage device
FM radio Station or
By any visible sign or
by written,
photographic,
electronic,
digital,
Wall chalking or any method or means of
communication
 Cont.
Which glorifies
Terrorist or
Terrorist activity
which incites
religious,
sectarian or
ethnic hatred or
gives projection
to any person convicted for a terrorist act, or
any person or organization concerned in terrorism or
Proscribed organization or
an organization placed under observation:
 Cont.
Provided that a factual news report, made in
good faith, shall not be construed to mean
projection for the purposes of this section.
2) Any person guilty of an offence under sub-
section (1) shall be punishable on conviction,
with imprisonment which may extend to five
years and with fine.
Prevention Of Electronic Crimes Act,
2016.

Section 11. Hate Speech:-

Whoever
prepares or
disseminates information,

through
any information system or
device
that
advances or
is likely to advance
interfaith,
sectarian or
racial hatred,
shall be punished with imprisonment for a term
which may extend to seven years or with fine or
with both
 PAKISTAN PENAL CODE

Promoting enmity between different groups etc

Section 153-A
Injuring or defiling place of worship, with Intent to insult
the religion of any class
Section 295
Deliberate and malicious acts intended to outrage religious
feelings of any class by insulting Its religion or religious
beliefs
Section 295-A
Use of derogatory remarks, etc., in respect of the Holy
Prophet(Peace be upon HIM)
Section 295-C
 Cont
Uttering words, etc., with deliberate intent to
wound religious feelings
Section 298
Use of derogatory remarks, etc., in respect of
holy personages
Section 298-A
Intentional insult with intent to provoke breach
of the peace
Section 504
Statements conducing to public mischief
Section 505(1) (c) & Section 505 (2)
 MAINTENANCE OF PUBLIC ORDER
ORDINANCE 1960
Dissemination of rumours
Section 16
Possession or conveyance of prescribed or
Prohibited documents.
Section 17
 THE PUNJAB REGULATION AND
CONTROL OF LOUDSPEAKERS AND
SOUND AMPLIFIERS ORDINANCE,
1965
Restriction on the use of loudspeakers, etc
Section 2(1)(d)
HATE SPEECH
VS
FREE SPEECH OR
FREEDOM OF SPEECH
 Special procedure relating to Hate
Speech Trials
Opening the file
Using bias indicators to identify a potential
hate crime case
Example of bias indicators.
What, where, when, how, with what, why and who did it?
Signs indicating hate crimes.
 List of potential indicators
Circumstances connected with the victim
Circumstances connected with the target of the crime
Circumstances connected with the offender
The conduct of the offender
Circumstances of time and place of the crime:(Reaction on
Babri Mosque)
Perception
There is an absence of other motives
 Brutality of the attack
Signs and Symbols
Types of evidence of bias motivation
discriminatory selection model
hostility model
Working with hate crime victims and
witnesses
 Addressing issues of reluctance to report
i) Fear of identification:
ii) Lack of trust
iii) Secondary victimization
iv) Security concerns
Preparing the evidence.
 Common types and sources of direct
evidence
offenders often want others to know
offender may also boast about the crime
as
 Types of Evidence and its potential
sources
Types of Evidence Potential Sources
Statements made before the event that Suspects, co-perpetrators, the victim or victims of and witnesses to the
indicate planning incident

Offensive statements towards The victim or victims, co-perpetrators, the suspects associates, witnesses.
the victim during the incident The suspects mobile phone, including photographs and/or videos stored on
the phone, and computer and Internet usage

Statements of admission after The suspect, co-perpetrators, the suspects associates, friends and family, and
the event other witnesses. The suspects mobile phone, including photographs and/or
videos stored on the phone, and computer and Internet usage

Connections to an organized hate group The suspects magazines, posters, books and leaflets, etc., obtained during a
house search. The suspects mobile phone, including photographs images
and/
or video stored on the phone, and computer and Internet usage
 Circumstantial evidence
The suspect is associated with organized hate groups;
The incident occurs on a day, time or place that is
significant for the target community;
The incident occurs on a day, time or place that
commemorates an event or is symbolic for the
offender, such as Hitlers birthday;
The attack is particularly brutal, although lacking in
motives other than bias motivation;
A pattern of similar incidents using sufficiently similar
methods is detected, suggesting the strong likelihood
of a link between the events.
 NATURE OF EVIDENCE
Videos and Photograph
Forensic Analysis
Transcript of Video and Photos
Watch Video
0pinion
Books and Journals
Opinion of Expert
Banning of Material u/s 99-A Cr.P.C
 LEADING CASES ON HATE SPEECH

Chandmal Chopra v State of West Bengal and ors (1988

Cri. L. J 739)
(Calcutta High Court).

Ramji Lal Modi v State of Uttar Pradesh (AIR 1957 SC 620)

(Supreme
Court of India).

Gopal Vinayak Godse v Union of Pakistan and ors (AIR

1971 Bom 56)
(Bombay High Court).
QUESTIONS?
THANKS
YOU