 "Elon Musk’s X challenges India’s ‘unlawful’ censorship mechanism in Karnataka High Court")
Elon Musk-owned X has launched a legal challenge against the Indian government, arguing that authorities are misusing legal provisions to create an unregulated censorship system that bypasses statutory safeguards.
In a petition filed before the Karnataka High Court, X Corp claims that the government’s reliance on Section 79(3)(b) of the Information Technology Act, along with the introduction of the Sahyog Portal, has led to an opaque and arbitrary takedown process that contravenes established legal procedures.
Why X is taking Indian govt to court
The company contends that takedown orders should follow the framework outlined in Section 69A of the IT Act, which the Supreme Court upheld as the sole valid mechanism for blocking online content in its landmark Shreya Singhal v. Union of India ruling in 2015.
However, X argues that the government is instead invoking Section 79(3)(b) as an alternative tool to demand content removals without adhering to the procedural safeguards mandated under Section 69A. These include providing written reasons, ensuring a pre-decisional hearing, and allowing legal recourse– all of which, the company asserts, are being ignored.
“The law mandates that information blocking can only be carried out under Section 69A, which provides for judicial scrutiny. By using Section 79(3)(b) as an alternative mechanism, the government is effectively nullifying the Supreme Court’s directives,” X Corp states in its petition, according to Moneycontrol.
The Sahyog Portal problem
A key focus of the case is the Sahyog Portal, an online platform operated by India’s Ministry of Home Affairs. The system enables state police and government agencies to issue takedown requests directly, bypassing the procedural requirements of Section 69A, X argues.
The petition also comes at a time when the Indian government has asked X to explain the responses generated by its AI chatbot, Grok.
During an initial hearing, government representatives informed the court that no action had been taken against X for not integrating with the Sahyog Portal. However, the court granted X the right to seek legal intervention should the government take preemptive action against the company in the future.
Impact Shorts
More ShortsThe next hearing is scheduled for March 27.
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