Bengaluru: Social media company ‘X’ (formerly Twitter), owned by billionaire Elon Musk, has filed a lawsuit against the Government of India in the Karnataka High Court. The company is challenging what it calls unfair content regulations and censorship.
Why is X Suing the Government?
The main issue in the lawsuit is the government’s interpretation of a law under the Information Technology (IT) Act. ‘X’ argues that the government is misusing Section 79(3)(b) to block content without proper legal procedures.
Section 79(3)(b) states that online platforms must remove illegal content when ordered by a court or the government. If they fail to do so within 36 hours, they lose their legal protection under Section 79(1). This means they could be held responsible for the content on their platforms.
However, ‘X’ believes this rule is being used unfairly. According to the company, the government is bypassing proper legal steps and blocking content without judicial oversight. ‘X’ says this contradicts a 2015 Supreme Court ruling in the Shreya Singhal case, which clearly stated that content can only be blocked through a structured legal process under Section 69A.
What is Section 69A?
Under Section 69A of the IT Act, the government can block digital content if it is seen as a threat to national security, sovereignty, or public order. However, this law comes with clear procedures to ensure fairness. The blocking process must follow rules established in 2009, which include detailed reviews and proper legal procedures before removing content.
‘X’ argues that instead of following these rules, the government is using Section 79(3)(b) as a shortcut. This allows the authorities to remove content without proper scrutiny, which the company believes is unfair and violates free speech rights.
The Sahyog Portal Controversy
Another key issue in ‘X’s lawsuit is the government’s Sahyog portal. This portal was created by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs. It is meant to help law enforcement agencies and social media platforms work together to remove illegal content quickly.
However, ‘X’ has refused to comply with the government’s request to onboard an employee onto the Sahyog portal. The company claims that this platform is being used as a “censorship tool” that forces platforms to remove content without legal review.
In its lawsuit, ‘X’ argues that the government is trying to control online discussions without any judicial oversight. The platform fears that if it follows government orders without question, it could lead to unfair suppression of free speech.
Government’s Stand
The Ministry of Information and Broadcasting (I&B) has defended its actions. It says that Section 79(3)(b) is necessary to remove illegal content quickly. The government also argues that platforms must comply with takedown requests to maintain safe online spaces and prevent the spread of harmful content.
Officials say that if platforms do not remove content when directed, they could face legal consequences under various laws, including the Indian Penal Code (IPC).
What Happens Next?
The Karnataka High Court will now review ‘X’s arguments against the government. The court’s decision will be important for digital rights and content regulation in India.
If ‘X’ wins the case, it could limit the government’s ability to remove content without judicial review. However, if the government’s interpretation is upheld, online platforms will have to comply with takedown requests more strictly, even without a structured legal process.
This case is being closely watched by social media companies, legal experts, and free speech advocates, as it could set a precedent for online regulations in India.
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