Hate Speech

Four Swedish citizens were prosecuted for going to a secondary school and distributing leaflets containing statements against homosexuality. The applicants were charged with “agitation against a national or ethnic group.” The applicants were sentenced to fines and imprisonment by the District Court. They appealed that decision before the Swedish Court of Appeal, which reversed the decision, noting that punishment was a violation of the right to freedom of expression. The prosecutor appealed that decision to the Supreme Court, which reversed the Court of Appeals and affirmed the District Court but changed the charges to only fines and suspended sentences.

The Supreme Court directs Uttar Pradesh, Uttarakhand and Delhi Governments to take Suo motu action against hate speech crimes without waiting for formal complaints irrespective of the religion of the offender.