X Corp, formerly known as Twitter, has announced its intention to appeal a recent ruling by the Karnataka High Court that upholds the Central government's Sahyog portal. The company's Global Government Affairs team voiced strong concerns about the decision, stating it could lead to "millions of police officers" issuing arbitrary content takedown orders through the "secretive online portal".
The Sahyog portal is an online platform utilized by the Indian government to issue content removal directives to social media platforms and other intermediaries. X Corp had previously filed a petition challenging the authority of government officials to order content takedowns through this portal, arguing that it bypasses due process and infringes upon the constitutional rights of Indian citizens to freedom of speech and expression.
X Corp contends that the Sahyog portal enables officials to order content removal based solely on allegations of "illegality," without judicial review or providing due process for speakers. The company also argues that the platform threatens social media platforms with criminal liability for non-compliance.
In a statement released on its platform, X Corp asserted that the Sahyog portal circumvents Section 69A of the Information Technology Act, violates Supreme Court rulings, and infringes upon the fundamental rights of Indian citizens. The company further stated that the High Court order "fails to address the core constitutional issues" raised in their challenge and is inconsistent with a recent ruling by the Bombay High Court, which deemed a similar regime unconstitutional.
Justice M Nagaprasanna of the Karnataka High Court had dismissed X Corp's petition on September 24, emphasizing the importance of regulating social media to ensure dignity and prevent crimes against women. The court stated that social media should not be left in a state of "anarchic freedom". It also said that X Corp cannot seek protection under Article 19 of the Constitution since the right to free speech is only available to Indian citizens.
Union IT Minister Ashwini Vaishnaw responded to the court's order with a post on X, stating, "Constitution wins".
X Corp's decision to appeal the Karnataka High Court's ruling underscores the ongoing debate surrounding content regulation and freedom of expression on social media platforms in India. The appeal will now be placed before a Division Bench of the Karnataka High Court.