CRITICAL ANALYSIS: HATE SPEECH IN INSTAGRAM BY - CAROL FRANCIS JOSEPH
CRITICAL ANALYSIS: HATE SPEECH IN INSTAGRAM
AUTHORED BY
- CAROL FRANCIS JOSEPH
Abstract-
The
researcher has aimed to critically analyse on the issue of Hate Speech in the
specific online platform of Instagram. The study tackles with three main
questions: Validity of using Section 66A of the IT Act (Information Technology
Act 2000) on Instagram platform abusers, the problem in defining what a hate
speech exactly is and rules and regulations that govern the issue of hate
speech on Instagram.
The
research methodology adopted for this particular paper is the doctrinal method
of research wherein various kinds of literature articles were extensively
reviewed by the researcher in coming to a conclusion.
This
research goes in depth to analyse hate speeches on Instagram with an aim to
examine its significance, challenges and legal implications or other rules that
govern it. It looks into the validity of Sec 66A of the Information Technology
Act 2000, challenges in defining hate speech and whether there are
comprehensive laws that regulate hate speech on Instagram.
By
critically analysing hate speech on Instagram, this research further gives
insights to policy makers, administrators and users in maintaining a healthy
digital environment that protects an individual’s rights and respects the
fundamental principle of freedom of speech even in an online platform.
Keywords-
Instagram,
Instagram community guidelines, Hate speech, Social-media, Violative content,
Introduction:
It
is quite fascinating how mere technology has brought us together without any
physical interaction, through a website or an app with the help of internet.
Social-media demonstrates various such technologies that facilitate
communication, networking, sharing of ideas and thoughts, expressing opinions,
connecting etc. on a broad scale. It helps users to post photos, videos,
messages and engage in liking, sharing and commenting on others’ posts as well.
Instagram is one such platform that has evolved over time by bringing up
creative ideas for young users in today’s generation.[1]
It acts as a source for youngsters to occupy themselves in the world of
‘internet’. The day-by-day consumption of content, specifically various content
has watched a large audience shift from other social media platforms to
Instagram. However, this evolved technology has also brought about an alarming
rise in the issue of hate speeches on the Instagram platform.
United
Nations have defined Hate speech as, “… any kind of communication in speech,
writing or behaviour, that attacks or uses pejorative or discriminatory language
with reference to a person or a group on the basis of who they are…”[2]
Hate speeches not only happen physically but is found to occur on social media
platforms as well. It targets people based on certain attributes like race,
religion, caste, colour, etc. With Artificial Intelligence becoming the core of
every technology, we can see the future generation relying on various social
media platforms which could further increase the risk of hate speeches in the
online mode of communication. Instagram being one of the strongest platforms
which could shape and influence the public at large in becoming a change for
tomorrow, has to be well regulated and up-to-date with the new trends of the
society. Hence, it becomes important to inspect the effectiveness of present
laws, rules and regulations that govern hate speeches in the online mode,
especially on Instagram.
Historical
evolution of social media:
Historical
changes in the use of social media begins in the late 1990s with the emergence
of blogs and forums like ‘SixDegrees’ where people shared and discussed on
written content. This helped in community building and user-generated content. In 2002 and 2003 ‘MySpace’ and ‘Friendster’
were the two initial platforms that acted as social networking sites to connect
people in digital relationships. In the mid-2000s, we had ‘Facebook’ (launched
in 2004) that redefined social networking and set a competition for other
social media platforms. In 2006, ‘Twitter’ came into being with its creative
feature of posting short updates that became a new platform for news and
ongoing trends. By 2010 ‘Instagram’ and ‘Pinterest’ came up with its idea of photo and video
sharing. Along with this we also had ‘YouTube’ and ‘TikTok’ that allowed for
video and photo sharing on the social media platform. By 2015 we entered the
era of live streaming which allowed the broadcast of live videos for
entertainment purposes. However, these platforms gradually developed into
political tools that played a crucial role in various famous campaigns (e.g.-
Black Lives Matter) and interrupted privacy and data security. In 2020 Facebook
put forward its idea of bringing the physical and virtual world together
through the concept of ‘Metaverse’ (now Meta Platforms)[3]
Recognition
of hate speech:
Landmark
case of Elonis v United States[4]
was one of the cases that brought hate speech in social media to the forefront.
In this case Anthony Elonis was accused of posting threatening messages to his
ex-wife and co-workers through Facebook. The question that the court addressed
here was whether Elonis’ messages could be considered as ‘true threats’ or if
it could be considered his right to free speech under the fundamental
principles. This case challenged the interpretation of potential harm through
an online statement and questioned the limits of free speech. It also raised
the question of differentiating between a hate speech and the expression of
anger and frustration.
Hate speech
on Instagram:
As
mentioned before, Instagram is a social media platform that allows users to
share photos, videos; like, share and comment on others’ posts as well as
connect with people to build relationships. It was launched in 2010 and
gradually gained popularity amongst young people for its creative ways of
interaction and social networking. With the increase in the number of people
using this platform as well as the complexity involved in maintaining online
connections gave rise to the issue of hate speech on Instagram. Like the other social media platforms, even
Instagram faced a challenge to balance between the right to free speech and the
need to provide with a safe and healthy online environment. Instagram has taken
measures to address the issue of hate speech. Instagram’s community guidelines
specifically prohibits hate speeches made, content moderation targets violative
content and erases them, comment filters enables users to hide or block
offensive comments on user’s posts, machine learning algorithms identify and
restrict violative content, anti-bullying features like blocking, restricting
and reporting accounts as well as partnerships and education wherein Instagram
collaborates and comes up with awareness driven campaigns for the betterment
and reduction of hate speeches.[5]
Guidelines
by Instagram:
Last
year, on 21st January 2022, Instagram (owned by Meta today) came up with new
measures to address hate speeches on the platform.[6]
These measures include showing lower feeds and posts that may contain violative
content. This only affects the post by penalizing only that specific post and
not the whole account of the user. Instagram closely examines the captions,
posts, feeds that display violative content and compare it with the previously
reported offensive content. It also looks into the user’s account history of
being reported and having previous posts and feeds that have been flagged.
Using algorithms and processes, Instagram lowers the violative content that
have been repeatedly reported as problematic by the users. However, it is
important to note that Instagram does not completely remove a content unless it
is fact-checked by third parties and makes all of the content of an account
difficult to be found by users if it is repeatedly posting offensive content.
The community guidelines as provided by Instagram has specific section
dedicated to addressing hate speeches and offensive content under the “Respect
for other community members” paragraph of the Instagram community guidelines.[7]
It states clear intention of being against any hate speeches or offensive
content that may encourage violence and attacks individuals on different
attributes like race, religion, caste, etc. and the guidelines also specifies
that if a hate speech is posted for the need to raise awareness, clear
intention to make such a post should be mentioned. All these measures show how
Instagram is aiming towards the safety of its online consumers. However, the
effectiveness of these measures and guidelines in addressing hate speeches on
Instagram depends on how it is enforced and how clearly it is communicated to
the users.
Laws that
govern Instagram internationally:
There
is no specific law dedicated to govern Instagram, but like other social media
platforms, it is dependent on various rules and laws related to intellectual
property rights, privacy and data protection as well as other online
activities.
Some
important laws that apply to Instagram include: Data Protection and Privacy
laws like General Data Protection Regulation (GDPR)[8]
in European Union, Personal Information Protection Law (PIPL) in China and
California Consumer Privacy Act (CCPA) in United States[9]
for protection of data and privacy of users[10],
Copyright and Intellectual Property laws Digital Millenium Copyright Act (DMCA)
in United States[11]
for respecting copyrights and intellectual property rights of users who post a
content, Cyberbullying and Harassment laws which varies across the States for
stalking, harassment and bullying done online, Defamation laws for spreading
false information intending to ruin one’s reputation, Hate Speech and
Discrimination laws for posting offensive content based on different attributes
of an individual, Content Moderation laws specific in some countries for
removing content that portrays hate speeches, violative comments or political
speeches, Child Online Privacy and safety laws like Child Online Privacy
Protection Act (COPPA) in the United States[12]
for regulating online users who belong below a certain age (Instagram has its
own policy for those under 13 years of age), E-Commerce and Advertising laws
for users who indulge in online promotion of products and services to comply
with consumer rights, labelling and other basic needs.
Laws that
govern Instagram in India:
In
India, the Constitution itself provides with the Fundamental Right to freedom
of speech and expression under Article 19(1)(a) and Article 19(2) imposes
reasonable restrictions on this fundamental right. The constitution of India
itself faces a challenge to balance between hate speech and the freedom of
speech. Article 21 provides for the Right to Privacy which is also being
infringed in huge numbers in the online platform. Article 21A talks about Right
to education. Although not directly applied, education about the digital world,
its significance and consequences may make a better world to live in for the
future generations. Article 22 describes rights of people who are arrested
which specifically comes into use when online harassments take place. The
Indian Constitution came into being much before the invention of these digital
platforms. Hence, it is important to consider that legal precedents play a
significant role in determining these fundamental rights and duties imposed on
the citizens.[13]
Along
with this, laws like -Indian Penal Code (IPC)- Sections 153A (promotion of
enmity between people based on different attributes), 295A (acts that
disrespect others’ religious feelings) and 505(promotion of enmity between
classes) for penalizing hate speeches in the online platform, Information
Technology (IT) Act 2000 along with the rules under it like Section 69A for
restricting public access to certain information if it is deemed to be in the
interest of the safety and security of the nation for friendly relations with
foreign states and maintaining public order; previously, we had Section 66A of
the IT Act that specifically dealt with hate speeches but this was struck down
by the Indian court in the Shreya Singhal v Union of India case[14];
various rules provided by the IT Act to address defamation, hateful and other
offensive content in the online platform, Protection of Children from Sexual
Offenses (POCSO) deals with special consideration to child abuse and hate
speeches against children in the online platform, the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act for hate speeches against the
so called ‘oppressed’ classes even today, (Protection of Civil Rights and
Representation of People’s Act also state about offensive content against
individuals -though not directly since it does not apply in the online
platforms), legal precedents which set a limit and examine the viewpoint of
hate speeches online. It is important to note that although Instagram has its
own content moderation policies, it is obligated to comply with these Indian
laws as well.[15]
Various
research and case studies show that hate speeches occur in huge numbers within
Instagram and individuals are targeted for belonging in a particular community
or group. These studies also examine the different kinds of contents and modes
used to convey a hate speech- through images, posts, videos, comments,
captions, etc. Many surveys conducted by researchers have concluded the effects
on the emotional and psychological well-being of a person who is being
targeted.
Types and
impact of hate speeches:
Hate
speech can take place in various forms which includes: racist comments,
religious discrimination, gender-based harassment, body shaming, cyberbullying
as well as social and political hate. All these kinds of hate speeches target
individuals based on specific attributes and for belonging to a certain
community or group.[16]
These
have a negative impact on the users. Mental Health effects like stress,
anxiety, Social- divisiveness which may lead to divisions and conflicts between
different groups and its influence on the youth of the State.[17]
Validity of
Section 66A of the IT Act:
Through
the Shreya Singhal v Union of India case[18],
the Supreme Court of India struck down Section 66A of the Information
Technology Act 2000 stating that it is unconstitutional and violated Article 19
of the Indian Constitution that provided with the fundamental right to freedom
of speech and expression. Section 66A of the IT Act stated that any offensive
information sent using a computer or any other electronic devices would be
punishable (punishment for three years). This section was significantly used
against hate speeches in the online platforms but was struck down for being
vague and needed interpretation. This section was being misused by the police
officials for arresting people on mere expression of their thoughts. Therefore,
its vagueness that led to the striking down of the section called the attention
for an effective way to address the issue of hate speech on the online
platforms. However, until a new way is established, it becomes Instagram’s
responsibility to include within its internal guidelines to protect freedom of
speech while restricting hate speeches in its platform. This also consists of
other laws, rules and regulations as well. To sum it up, with the absence of
Section 66A of the IT Act, there should be a collective action and effective
collaboration done by Instagram and other social media to fight hate speeches
in the online platforms.[19]
Therefore, it is clear that Section 66A cannot be rendered and used since it is
vague and has more negative repercussions than positive results.
Challenges
in defining hate speech online:
What
exactly constitutes a hate speech? This has been an unanswered question even in
the physical mode of interaction. Hate speech does not have a particular
definition. It varies across countries and across different legislations within
a country. The United Nations takes efforts in giving a proper definition to
hate speech. While this definition may form the basis to decide cases related
to hate speech, it is not totally relied upon by every member States due to the
difference in cultural and contextual factors. This year (2023) the Secretary
General of United Nations commented stating that we should challenge the
discrimination faced by individuals by addressing the issues of hate speeches
that is spreading faster on the internet. Hence it is essential to pay attention
that having no consistency in the definition of hate speech amounts to more
unsolved problems.
The
dynamic nature of Instagram requires the platform to abide by the changing
trends, Nuanced expressions through memes or other subtle forms of conveying
messages need nuanced understanding of the circumstances and context,
Subjectivity determines that hate speeches differ from individual to
individual; what is considered a hate speech for one person may not be so for
another person, Cultural relativity is present wherein hate speech may vary
from different cultures as well, Regional-nuances dictates how historical,
social, political or economic events affects the interpretation of a hate
speech, Algorithmic bias may happen where only certain content is displayed
which can form a biased content against a particular group; it is also very
difficult to differentiate between a hate speech and a legitimate expression of
opinions or thoughts through these algorithms, and lastly, Evolution of
language in the online platform like the use of short forms and symbols makes
it more difficult to identify a hate speech. These show the complexity of
defining a hate speech. Therefore, it can be said that a precise definition of
hate speech may restrict and deprive a person in performing their legal rights
and duties even in the normal way. It is further noticed that it is better to
interpret hate speeches from case to case depending on the gravity of the issue
which will help in attaining a satisfactory justice system to all individuals.[20]
Regulatory
framework:
Regulatory
framework is necessary to curb or rather control the issue of hate speeches
that occur in the online platform. Instagram’s content moderation and community
guidelines provide with policies that each country has to abide with. These
rules are also related to hate speeches. The key aspects of Instagram’s
guidelines include:
1.
Prohibition of hate speech,
2.
Reporting mechanisms wherein users can report contents
or accounts,
3.
Human moderators who review the reports made and
decide if it is violative or offensive in nature,
4.
AI and machine learning algorithms help restrict
unessential content as well as preventive measures like Instagram’s comment
filters, anti-bullying measures,
5.
Artificial intelligence driven cautions or warnings to
prevent hate speeches on Instagram.
The
effectiveness of these policies is still a topic of debate. It faces several
challenges like algorithm bias where the machine is fed with certain
information and does not have the ability to detect hate speeches which are not
fed into its systems. Evolving tactics of how a hate speech is expressed which
makes it more difficult to adapt and regulate it. Complexity of context where a
simple sentence may sound offensive to one person but may not sound so to
another person and the broader scale of the platform of Instagram with its vast
number of users which makes it challenging to provide with daily regulation and
inquire about the pending cases. Further, to improve these challenges in the
regulatory framework we can reduce biases, enhance user education, transparency
in content moderation and collaboration with experts.[21]
Problems in
regulating Instagram specific laws:
·
Jurisdictional complexities for a globally operating
social media platform like Instagram makes it hard for a single set of laws to
govern the issues faced.
·
Varied definition of hate speech gives no consistency
in regulation.
·
Making the correct balance between content removal vs
freedom of expression while addressing a hate speech in the laws is
challenging.
·
Enforcement and accountability of a vast platform like
Instagram is difficult.
·
Evolving nature of social media needs laws that evolve
along with it which is slow to progress.
With
change in trends, new ways of communication occur and with it the issue of hate
speeches keep rising in huge amounts. Therefore, the already existing laws need
strict implementation practically to see fruitful effects.
Case
Studies and examples:
Understanding
the gravity of the issue of hate speeches on Instagram is better possible
through case laws and examples. Starting with the landmark judgement made in
the Supreme court of India- Shreya Singhal v Union of India[22]-
that struck down Section 66A of the Information Technology Act, 2000 (IT Act).
This case originated when individuals were being arrested for making critical
comments on social media against politicians and other public figures. The
primary issue addressed here was the constitutional validity of Section 66A of
the IT Act, 2000 (Punishing a person for sending offensive messages through
computers or other electronic devices). This section violated the fundamental
right of freedom of speech and expression under Article 19(1)(a). Another issue
addressed was whether intermediaries like social media could be held
responsible for offensive posts that were allowed to be made against another
individual. The supreme court in its decision held that this section was very
broad and vague and hence held it unconstitutional. And it even held that
intermediaries like social media platforms cannot be held criminally liable
unless it abides by the IT Act laws and rules and that it should not be
entrusted with censoring and monitoring duties. The judgement here was
significant since it emphasized the freedom of speech provided under the
Constitution.
A
few examples related to this include:
·
Racial hate speech- when a user posts memes that shows
racial discrimination. The user creates a hostile environment targeting an
individual’s ethnicity through images and contents that are offensive in
nature.
·
Gender-based harassment- a user making bigotry
comments on the post of a public figure, aiming at his gender and appearance.
·
Homophobic content- wherein multiple comments are made
on the post of a LGBTQ+ activist or individuals, attacking the sexual
orientation of the LGBTQ+ community.
Instagram’s
responses to these were the implementation of mixed approaches to tackle such
hate speeches. It included content removal, user tools, warnings and report
systems as mentioned earlier in this paper. Along with these, there are legal
implications like civil suits to seek damages, criminal charges for severe
cases to punish a culprit and platform responsibility in content moderation.
Implications
and recommendations for the regulation of Hate Speech on Instagram:
Implications
For Instagram Users-
·
Awareness- users are to be made vigilant of hate
speech made online and should report such offensive messages.
·
Safety precautions- safety tools as provided by
Instagram should be made of good use by the users to prevent hate speeches.
·
Victim support- Instagram should give support to the
victims of hate speech and report such accounts that engage in posting
offensive contents.
Implications
For Policy Makers-
·
Policy reform- laws should be adapted and refined
along with the changing times.
·
Collaboration- there should be global collaborations
done to maintain healthy international relations who encourage regulation of
laws regarding hate speeches made online.
·
Transparency- content moderation procedures should be
transparent in nature, allowing users to understand the process of decision
making and making online platforms like Instagram accountable.
Implications
For Social Media Platforms-
·
Algorithm improvements- to get accuracy in detection
of hate speeches, it is necessary to improve algorithms.
·
User Education- it is important to spread awareness
and educate people about hate speeches and its negative impacts on the society.
·
Collaboration- collaboration with experts globally
will enhance the working of content moderation and will teach about the
changing trends of hate speech which can then be resolved.
Recommendation-
·
Enhance transparency- Instagram
should make its content moderation and guidelines transparent and give its
users a clear warning of the after effects of engaging in hate speeches online.
·
Reduce algorithm bias- mitigate the
algorithmic biases and ensure all users are treated equally.
·
User reporting- simplify the report
mechanisms for reporting accounts, posts, captions, or any other messages that
are offensive which could bring a sense of responsibility.
·
Consistent standards- aim for
consistent global standards which respects all cultural and regional
differences.
·
Continuous monitoring- to make better
policies, it is important to keep checking on the new trends that have emerged.
·
Education- educate people about the
mishaps of engaging in abusive speeches in the online platform by conducting
various campaigns.
·
Protection of vulnerable groups- the
minority communities are to be protected through the implementation of specific
measures exclusively to protect them.
·
Collaboration- in order to gain
insights, it is necessary to collaborate with experts across countries to come
up with effective regulations to govern hate speech made online.[23]
Conclusion:
The
critical analysis provided in this paper highlights several aspects of the
topic, “Critical Analysis: Hate Speech on Instagram.” It delves deep into the
dynamic nature of Instagram in which a hate speech occurs in various forms and
kinds targeting an individual’s different attributes like race, religion,
gender, caste, etc. The study also shows that due to its dynamic nature where
different jurisdictions interpret hate speech in different ways, defining hate
speech is very difficult. A hate speech is influenced by its cultural and
contextual factors and is therefore interpreted accordingly. Even when social
media platforms like Instagram have adopted precautions and measures to battle
with issues of hate speech, there still exist many challenges that interrupt
the regulation of laws made to govern these issues globally.
The
research problem of “Hate Speech on Instagram” is essential to be educated
about in today’s digital world. Instagram is a wide platform used by
uncountable users and serves as the future mode of communication. This makes it
necessary for us to know the impacts of hate speech on society. Finding and
applying solutions to deal with hate speech while maintaining freedom of speech
is essential to achieve a safe online environment.
This
paper talks about Section 66A of the IT Act 2000, which was previously used
against people who passed any kind of offensive messages through any electronic
devices. The landmark case of Shreya Singhal v Union of India that struck down
this section on the basis of it being vague and police officials misusing it is
to be noted. The case showed how there should be a fine line between providing
freedom of speech and restricting hate speech.
The
study then talks about the dynamic and evolving nature of social media and the
ways in which a hate speech is communicated online. Through various literature
it may be concluded that we cannot give a specific definition to what
constitutes a hate speech in the online platform since it keeps changing from
time to time.
Further,
the research explains the regulatory framework and the challenges it faces in
governing issues in the Instagram platform. The paper provides with Instagram’s
community guidelines that abide with the changing nature of the issues faced as
well as gives few recommendations to improve on laws to regulate Hate Speech on
Instagram. There should be practical implementation of the laws and practical
awareness spread across the globe regarding the issue of hate speech on
Instagram.
To
conclude, this research paper describes the broader challenges faced in the
digital world by focusing on the issue of Hate speech on Instagram. It takes
the efforts of collaborators, policy makers and the users together to
understand and act cautiously and responsibly in order to effectively address
these issues. Hence, we must take steps in building a safe and respectful
online environment for the betterment of the society at large in the digital
space where there is equal balance between giving freedom of speech and
preventing offensive content online.
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Zachary Laub, Hate Speech on Social Media: Global
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[19]Law Audience Journal, Volume 5,
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[21] UNESCO, UNO on Genocide Prevention
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[23] Poni Alice
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