HATE SPEECH IN LIGHT OF J.S MILL’S LIBERTY/HARM PRINCIPLE: NIGERIA AS A CASE STUDY”

ABSTRACT

Prior to the advent of democracy and liberalism, monarchical system seemed to be the order of the day. The democratic movement professed liberty and freedom of the people through an elected representative above all. With this virtue the democratic movement birthed, comes several vices, which includes hate speech. Hate speech is a highly contested concept and elusive in definition. This work examines the concept of hate speech in a democratic society like Nigeria in respect of Mill’s liberty and harm principle using an analytic methodology. We discover that there are many controversies surrounding this concept and the attempt to counter it; also, the problem of the restriction of certain speech in a bid to curb hate speech as undemocratic arises. Upon application of mills principle to the problem at hand, we discover that although it is essential for individual freedom to be professed, and it is also necessary that the reason for a restriction for this freedom is only when it causes harm to others, this principle alone is not sufficient. This is due to its incompatibility with present world order, amongst several loopholes. This work recommends in its entirety that a balance be achieved between the competing value of free speech and hate speech, as both are bound to exist in a democratic society; where free speech is not constitutionally obstructed and hate speech and its consequences are curbed and averted respectively.