The Karnataka High Court in India has rejected X Corp's petition challenging the government's authority to issue content takedown orders, upholding the government's power to regulate online content. The court emphasized that social media platforms operating within India must comply with Indian laws and cannot operate in a state of "anarchic freedom".
The case stemmed from X Corp's challenge to the Indian government's use of the Information Technology (IT) Act, specifically Section 69A and Section 79(3)(b), and the Sahyog portal, which allows officials to directly issue content takedown orders to tech firms. X Corp, owned by Elon Musk, argued that these measures were unconstitutional, amounted to censorship, threatened their business model, and bypassed established legal procedures. They maintained that the government's requests included removing content from opposition leaders and critics, undermining X Corp's role as an intermediary. X Corp also sought interim protection from being compelled to join the Sahyog portal.
Justice M. Nagaprasanna, who presided over the case, dismissed X Corp's arguments, stating that regulation of communication has always been a matter of governance. The court emphasized that social media regulation is necessary, especially in cases of offenses against women, to uphold the dignity of citizens as enshrined in the Constitution. The court also observed that the challenge by X to onboarding Sahyog portal is without merit. Unregulated speech under guise of liberty results into lawlessness, the Bench underlined.
The High Court criticized X Corp for applying double standards, complying with takedown orders in the United States while resisting similar obligations in India. The court stated that American legal principles regarding free speech cannot simply be transplanted into Indian constitutional law. Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression, is subject to reasonable restrictions under Article 19(2) and applies only to Indian citizens.
The Indian government argued that the new system was necessary to tackle the proliferation of unlawful content, ensure accountability online, and combat cybercrime. The government stated that platforms like X were being used to spread hate and division, threatening social harmony, and that fake news on the platform had sparked law-and-order issues. The Sahyog portal was developed to automate the process of sending notices to intermediaries for the removal of unlawful content.
X Corp has the option to appeal the ruling, including at the Supreme Court of India. A representative for X in India did not immediately respond to requests for comment.
