Clamping down: Fresh legislation in the works to control hate speech

Social media, use of mosque loudspeakers to be monitored also, according to interior ministry official

ISLAMABAD: In an apparent move to accelerate implementation of the National Action Plan, the government plans to introduce new laws to combat hate speech in the country.

Under the proposed ‘Hate Speech and Inciting Literature’ laws, it will not be permitted to express hatred towards someone based on ethnicity, religion, sect, nationality, race or colour, according to senior officials in the interior ministry and the ministry of law, justice and human rights.

“Under this new legislation, the expression of hate speech, threatening communication and abusive literature will be forbidden,” a senior interior ministry official told The Express Tribune. “Clerics will be barred from delivering lectures via loudspeakers in mosques and Madaris.”



The official said some clauses in the Pakistan Penal Code 1861 and the Anti-Terrorism Act 1997 will likely be amended. Additionally, the proposed new laws will follow the formulae of Indian and British hate speech laws, which work to prevent discord among ethnic and religious minorities, he added. Hate literature taught by some unregistered Madaris and makatib, as well as hate speech on social media will also come under the new laws’ purview, he said.

The interior ministry has sought the opinion of clerics from different schools of thought on this issue, the official said. The ministry will propose severe punishment under Section 153-A of the PPC, which defines the promotion of enmity between different groups. Changes are likely to be made to Clause A in this section, which states, “Whoever, by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites – on grounds of religion, race, place of both, residence, whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, linguistic or regional groups or castes or communities.”

The interior ministry official added that changes to Section 107 of the PPC, dealing with ‘abetment of a thing’, and some clauses of the ATA 1997 will likely be recommended. The Madrassa Reforms and Regulation Committee is expected to give a final nod to the proposed legislation this week.

Pakistan’s foremost religious body, the Council of Islamic Ideology, has already called for a ban on hate speech pertaining to religious identity. It has recommended to the interior ministry to ban those promoting hate speech in mosques and Madaris, suggesting that only Azan and Khutba on Fridays be allowed via loudspeakers at these sites, according to CII member Allama Tahir Ashrafi.

“We have written to representatives of all schools of thought,” he confirmed. “Tougher laws are the need of the hour to ban hate speech in mosques. We want fresh legislation on this and this is the only way to create harmony among all sects.”

“We will look into all legal points when the interior ministry sends its proposed legislation to the law ministry,” said spokesperson for the law ministry, Khashih-ur-Rehman.

“Of course, laws can be made more severe in order to deal with issues of hate speech,” said former interior secretary Tasneem Noorani. “But a revival of the magistrates system is imperative to deal with the issue.” He added that the monitoring of preachers, hate literature and use of mosque loudspeakers was previously the executive magistracy system’s responsibility.

Published in The Express Tribune, January 14^th, 2015.