X vs. India: Elon Musk’s Platform Challenges Government Over Censorship Laws!

 

Elon Musk's social media platform, X (formerly Twitter), has filed a lawsuit against the Indian government, alleging misuse of the Information Technology (IT) Act to enforce unlawful content censorship. The legal action, initiated in the Karnataka High Court, challenges the government's interpretation and application of Section 79(3)(b) of the IT Act, asserting that it bypasses established legal procedures and infringes upon free expression rights.

Key Allegations:

 Misuse of Section 79(3)(b): X contends that the government is leveraging this section to issue content removal orders without adhering to the procedural safeguards mandated under Section 69A, which requires a structured legal process for blocking online content. ​

Circumvention of Legal Safeguards: The platform argues that this approach violates the Supreme Court's 2015 ruling in the Shreya Singhal case, which stipulates that content can only be blocked through a proper judicial process or the legally defined route under Section 69A. ​

Use of the Sahyog Portal: X also challenges the government's use of the Sahyog portal, an online system managed by the Ministry of Home Affairs, alleging it creates a parallel content-blocking mechanism that lacks transparency and oversight.

Government's Position:

The Indian government maintains that under Section 79(3)(b) of the IT Act, intermediaries are obligated to remove or disable access to unlawful content upon receiving actual knowledge through a court order or a government notification. Failure to comply within 36 hours can result in the loss of safe harbor protection under Section 79(1), making them liable under applicable laws, including the Indian Penal Code.

Legal Proceedings:

The case is scheduled for its next hearing on March 27, 2025, in the Karnataka High Court. The outcome of this legal challenge could have significant implications for online freedom of expression and the balance between government oversight and platform autonomy in India.