X, owned by Elon Musk, has announced its intention to appeal a recent Indian court order regarding the country's content removal system. This decision follows a ruling by the Karnataka High Court that dismissed X's challenge to the Indian government's content removal mechanism. X views the system as a form of censorship.

The core of the dispute lies in the Indian government's increased efforts to regulate online content. Since 2023, the government has been expanding its ability to police the internet, permitting a greater number of officials to issue takedown orders directly to tech companies through the Sahyog portal, launched in October. X had argued that these measures are unconstitutional and equate to censorship. The platform has criticized the process as arbitrary, suggesting that numerous government officials were authorized to issue content takedown orders.

The Karnataka High Court, however, has ruled that social media platforms operating in India must adhere to local laws and be accountable. Judge M. Nagaprasanna stated that "liberty is yoked with responsibility" and that platforms cannot exist in a state of "anarchic freedom". The court emphasized that access to Indian users and markets necessitates a duty of accountability. The court also pointed out that while X complies with similar takedown laws in the United States, it has been unwilling to do so in India.

The Indian government has defended its content removal system, asserting that it is crucial for combating the spread of unlawful content, hate speech, division, and fake news, all of which can threaten social harmony and public order. The government has also noted that other major tech companies, including Meta and Google, support its regulatory approach.

X's challenge was filed in March and contested the authority of government officials to issue takedown orders. The platform has referred to the Sahyog portal as a "censorship portal," arguing that the process lacks transparency and violates principles of free speech. The court, however, has stated that the Sahyog portal is a mechanism for public good, enabling cooperation between authorities and platforms in combating cybercrime.

The court also addressed the issue of constitutional rights, clarifying that foreign companies incorporated abroad cannot invoke fundamental rights guaranteed by the Indian Constitution, which are primarily available to Indian citizens. It stated that Article 19, which guarantees free expression, applies only to Indian citizens.

This legal battle occurs amidst X's broader history of regulatory clashes globally. In Europe, the platform is under investigation for potential violations of the Digital Services Act (DSA), and it has also resisted a French criminal probe related to alleged abuse of algorithms and misuse of data.