Elon Musk’s social media platform X has launched a legal battle against the Government of India, filing a petition in the Karnataka High Court to challenge what it deems “unlawful content regulation and arbitrary censorship.”
The suit, lodged on Thursday, accuses the Centre of misusing the Information Technology (IT) Act, specifically Section 79(3)(b), to suppress online free expression in violation of Supreme Court precedents.
X contends that the government is exploiting Section 79(3)(b)—which requires platforms to remove illegal content within 36 hours of a court order or government notice, or lose safe harbor protections—to establish an unchecked parallel content-blocking system. This, it argues, sidesteps the rigorous process mandated by Section 69A, upheld by the Supreme Court’s 2015 Shreya Singhal verdict as the sole legal avenue for content bans. Section 69A allows blocking for threats to national security or public order but demands a transparent review under the 2009 IT Rules, a step X says is being bypassed.
The platform disputes the Ministry of Information and Broadcasting’s stance that Section 79(3)(b) empowers independent government action, asserting it’s a safe harbor clause, not a censorship tool. “The government’s approach undermines judicial scrutiny and constitutional safeguards,” X’s petition claims, warning of unchecked content removal powers.
A key flashpoint is the Sahyog portal, managed by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs. Designed to expedite takedown requests, X labels it a “censorship tool” that pressures platforms into compliance without due process. The company has resisted appointing a nodal officer to the portal, arguing it lacks legal grounding and threatens free speech.
This lawsuit marks X’s latest clash with India over content moderation, following a 2022 challenge to Section 69A orders it deemed opaque. As the Karnataka High Court prepares to hear the case—next scheduled for March 27—the outcome could reshape digital rights and government oversight in India’s online sphere.