Hate speech versus freedom of speech: Legal theory perspective

Words uttered by an individual are a medium of expressing one's thoughts and beliefs and form part of communications between individuals. However, as tempus fugit, communication becomes increasingly complex, words from the art of speech forms a fundamental right to most sovereign constitutions. Currently, freedom of speech is one of the most important rights guaranteed by international law, however such freedom is not final and absolute. Like all other fundamental rights, it is subject to restriction by specific states' laws. In the internet era, one may extend and share his beliefs via electronic social media without realizing she is advocating and spreading violence within the society vis a vis a hate speech. This article seeks to investigate the theory surrounding the speech that is depicted and derogatory in nature which may be the root cause of violence and prejudice to peace and harmony. The aim of the discussion prolongs the rationality of having fundamental rights in expressing people's ideas, beliefs, and positively sharing information to achieve the benefits bestowed to society and abusive misinterpreted expression on the same platform. Using the doctrinal analysis, the study shows that freedom of speech is a fundamental right that delicate balance and cannot be simplified by an objective mechanism. At the outset, it recommends society to protect it insofar as it does not infringe the other fundamental rights nor supersede the latter.