TK Viswanathan Committee Recommendations on Curbing Hate Speech on Internet (Important)

Expert committee headed by former Lok Sabha secretary general TK Viswanathan suggested steps to deal with cybercrimes especially online hate speech in its report to Union Home Ministry.

Hate Speech on Internet

About the Committee

  • Committee was formed after Supreme Court struck down Section 66 A of the Information Technology (IT) Act, 2000 in Shreya Singhal vs. Union of India.
  • Section 66 A of IT Act was added to criminalize sending of offensive messages through a computer or other communication devices.

Recommendations of Viswanathan Committee

Deal with fomenting trouble or spreading hate against anybody on rounds of religion, race, caste or community, sex, sexual orientation, gender identity, language, place of birth or residence, disability or tribe through any means of communication by:

  • Appoint cybercrime coordinators in all states
  • Establish cybercrime cells in each district.
  • Replace some clauses of the IT Act, 2000 and amend some sections of IPC like 153 (want only giving provocation with intent to cause riot) and 505A (false and mischievous reports intended to upset public tranquility) to deal with online hate crimes.
  • Punishment under amended clause dealing with prohibiting incitement to hatred of two years imprisonment or fine of ₹ 5,000 or both.
  • Offences under amended Section 505A be punishable with imprisonment of up to one year or fine or ₹ 5,000 or both.
  • State cybercrime coordinator should be an officer not below the rank of Inspector General of Police (IGP) .
  • District cybercrime cell should be headed by an officer not below the rank of sub-inspector of police.

Background on Hate Crime

  • Union Home Ministry constituted committee under former Law Secretary TK Viswanathan for establishing effective legal framework to deal with cybercrimes related to hate speech on internet.
  • It had members from Law Ministry, CBI, and Ministry of Home Affairs.
  • Studied and examined existing domestic cyber laws and international cyber legislations to propose measures, amendments to present laws.

Viswanathan Committee Mandate

  • Recommend amendments to Information Technology Act, 2000 and corresponding provisions in IPC, CrPC and Evidence Act for strong legal framework to fight cybercrimes.
  • Draw a roadmap taking into account the need of legal competence and expertise on cyber laws from considering investigation, prosecution, and judiciary.

Examrace Team at Aug 21, 2021