Elon Musk’s X Takes Legal Action Against India’s IT Rules
Elon Musk-owned X Corp (formerly Twitter) has initiated a legal battle against the Indian government by filing a petition in the Karnataka High Court, challenging what it calls an unlawful and unregulated censorship mechanism. The petition primarily targets the government’s use of Section 79(3)(b) of the Information Technology (IT) Act, 2000, and the newly introduced Sahyog Portal, arguing that these measures bypass due legal process and infringe on constitutional rights.
Allegations of Misuse of Section 79(3)(b) Under IT Act
X Corp contends that Indian authorities are misinterpreting and misusing Section 79(3)(b) to impose content takedown requests while circumventing the legally prescribed procedures under Section 69A of the IT Act.
As per the Supreme Court’s landmark judgment in Shreya Singhal v. Union of India (2015), Section 69A is the only legitimate legal framework for blocking online content. It includes multiple safeguards, such as:
- A pre-decisional hearing to allow affected parties to present their case.
- Written justifications for takedown orders.
- An option to legally challenge content removals in court.
However, X Corp alleges that authorities are bypassing these mandatory safeguards by invoking Section 79(3)(b), which lacks any such procedural protections. The company argues that Section 79(3)(b) was designed to provide intermediaries with a safe harbor, not as a tool for content censorship.
Concerns Over the Sahyog Portal and Its Impact on Free Speech
A key contention in X Corp’s legal challenge is the introduction of the Sahyog Portal, a digital platform operated by the Ministry of Home Affairs (MHA). This portal enables:
- State police departments and various government agencies to directly issue takedown requests.
- A parallel and opaque censorship system, which X argues lacks accountability.
- Thousands of officials being granted unilateral authority to remove content without judicial oversight.
According to X Corp, the Sahyog Portal creates a regulatory overreach, where officials can order content removals arbitrarily without following Section 69A’s structured procedures. This has raised significant concerns over free speech and digital rights in India.
Government’s Push for Sahyog Portal Integration and Compliance Issues
The Indian government has been actively pressuring social media platforms to integrate with the Sahyog Portal, particularly for reporting child sexual abuse material (CSAM). A 2024 Supreme Court ruling mandated that platforms report CSAM cases directly to Indian law enforcement, alongside compliance with the Protection of Children from Sexual Offences (POCSO) Act.
This new requirement has led to compliance conflicts for global social media platforms, which were previously required to report such cases only to the U.S.-based National Center for Missing & Exploited Children (NCMEC).
While this legal challenge primarily concerns censorship and takedown orders, it adds to the broader tensions between the Indian government and major digital platforms like X, Meta, and Google over compliance with India’s evolving digital content regulations.
Legal Precedents: X Corp’s Previous Battle Against Indian Censorship
This is not the first time X Corp has taken legal action against the Indian government’s content takedown orders. In 2022, the company challenged directives issued under Section 69A, arguing that:
- The lack of transparency in these orders violated the right to freedom of expression.
- Several government-mandated takedowns did not adhere to the legal safeguards under the IT Act.
The current legal battle further escalates tensions between X Corp and Indian authorities, underscoring the ongoing conflict over online content regulation, digital rights, and state censorship.
What X Corp is Seeking From the Karnataka High Court
In its petition, X Corp has urged the Karnataka High Court to intervene and:
- Declare that Section 79(3)(b) does not grant the Indian government the authority to issue content blocking orders.
- Invalidate all takedown orders issued under Section 79(3)(b), as they lack statutory legitimacy.
- Prohibit the enforcement of content removal requests originating from the Sahyog Portal until a final court decision is reached.
- Reaffirm that Section 69A remains the sole legal mechanism for online content blocking in India.
Implications for India’s Digital Policy and Free Speech Regulations
This high-profile lawsuit raises critical questions about the future of India’s digital policy and online speech regulations. Key concerns include:
- Whether India’s IT laws provide adequate legal safeguards for online content moderation.
- The extent to which government agencies can regulate and control speech on global digital platforms.
- How the judiciary will balance national security and law enforcement concerns with constitutional rights.
The outcome of this case will have far-reaching consequences for online platforms, content creators, and digital rights activists in India.
Court Hearing on March 27
The Karnataka High Court has scheduled the next hearing for March 27, 2025.
During the initial hearing, government representatives stated that no punitive action had been taken against X Corp for refusing to join the Sahyog Portal. However, the court has granted X the right to challenge any future government action on this matter.
This ongoing case marks a significant legal battle over digital freedom, platform governance, and the role of regulatory frameworks in India’s internet ecosystem.
