Karnataka: Yatnal Urges Governor To Withhold Assent To Hate Speech Bill

In a representation submitted to the Governor, Yatnal alleged that the Bill, proposed by the Congress government, was “weaponised” to target political opponents and dissenting voices.

“This bill is a brazen attempt to rein in freedom of speech and freedom of expression and weaponized to target political opponents. It infringes upon the fundamental right to free speech and expression guaranteed under the Indian Constitution under Article 19 (1) (a). The fear of prosecution might prevent people from speaking out on important issues and suppressing constructive criticism,” he stated.
He stated that the broad definition of hate speech may lead to arbitrary application, reminiscent of concerns raised in the Supreme Court's 2015 Shreya Singh ruling.

“The bill gives "preventive" powers to executive magistrates and police officers to take action if they believe a hate crime is likely. The intermediary liability in the bill could punish internet service providers (ISPs) or other intermediaries for actions taking place on their platforms without their knowledge.

This might lead to removal of legitimate content and excessive censorship,” he warned.
Yatnal referred to the Supreme Court observation in August 2023 where it acknowledged that defining hate speech is inherently complex and that enforcement failures, not legal gaps, were the main obstacle.

He also referred to a Supreme Court bench in Nov 2025 stating that it was "not inclined to monitor every incident of hate speech," pointing out that police and High Courts are competent to act.

“The bench referred to the 2018 Tehseen Poonawalla judgment, which requires nodal officers to prevent mob violence and lynching, reaffirming that the existing framework must be followed,” he stated.

Yatnal stated that granting assent to such legislation would set a dangerous precedent, eroding public trust and weakening the safeguards that protect free expression and dissent in the society.