The Karnataka High Court has rejected a petition by X Corp, owned by Elon Musk, challenging the Indian government's authority to issue content-blocking orders. Justice M. Nagaprasanna, presiding over the case, stated that social media platforms cannot operate unregulated in India. The court emphasized the necessity of regulating social media content, particularly concerning offenses against women, to safeguard the constitutional right to dignity.
X Corp had contested the government's utilization of Section 79(3)(b) of the Information Technology (IT) Act and the Sahyog Portal, arguing that the government's power to issue content-blocking orders was not valid under this section. The company contended that such actions should only be pursued under Section 69A of the IT Act, which provides a more formal procedural framework and safeguards. They also argued that the Sahyog portal, designed to expedite the processing of takedown notices, bypassed legal safeguards and constituted a form of censorship. Furthermore, X Corp sought protection from any "coercive action" for not joining the portal.
The court, however, dismissed X Corp's arguments, asserting that the petition lacked merit. It observed that unregulated speech, disguised as liberty, could lead to lawlessness. The court also drew attention to the fact that X Corp adheres to content takedown orders in the United States, its home country, where violations are criminalized. The court questioned why the same standards should not apply in India.
The High Court stated that information and communication have consistently been subject to regulatory regimes, irrespective of technological advancements. It further noted that the American legal system cannot be directly translated into the Indian judicial process. The court also clarified that Article 19 of the Constitution, which guarantees freedom of speech, is "citizen-centric" and primarily protects Indian citizens, not foreign entities like X Corp.
The ruling reinforces the Indian government's authority to issue takedown orders to social media companies. It underscores the stance that social media platforms operating in India must comply with local laws and regulations. The decision highlights the ongoing debate surrounding content regulation on social media and the balance between freedom of speech and the need to prevent the spread of illegal or harmful content.