Elon Musk’s social media platform X (formerly Twitter) has initiated legal proceedings against the Indian government, challenging how authorities use the Information Technology Act to remove content from the platform.
X Sues Government Over IT Act Content Blocking Powers
X has filed a petition in the Karnataka High Court contesting the government’s application of Section 79(3)(b) of the IT Act. According to the petition, Indian authorities are improperly using this provision to demand the removal of tweets and other content, effectively creating what X describes as an “illegal system” for online censorship.
The crux of X’s lawsuit against the Indian government is that authorities are circumventing Section 69A of the IT Act, which outlines specific procedures for content blocking as established by India’s Supreme Court in the landmark 2015 Shreya Singhal judgment. This legal challenge by X addresses what they call “arbitrary censorship” of online speech.
Why X is Suing the Government
Under the IT Act, platforms like X risk losing their “safe harbor” protections if they fail to comply with government removal requests. However, X contends that Section 79(3)(b) was never intended to grant content blocking powers to the government.
The company argues that Section 69A permits content blocking only under certain conditions, such as threats to national security, and includes mandatory review mechanisms. In contrast, Section 79(3)(b) lacks clear guidelines and allows authorities to block content without adequate oversight, potentially enabling widespread censorship.
X Opposes Government’s “Censorship Portal” in Content Blocking Lawsuit
X is also opposing government pressure to join Sahyog, a portal operated by the Indian Cyber Crime Coordination Centre (I4C) designed to manage Section 79(3)(b) orders. The platform has characterized Sahyog as a “Censorship Portal” and argues there is no legal foundation for its creation or for compelling companies to appoint dedicated officers for this purpose.
The social media company maintains it has already complied with the existing 2021 IT Guidelines, which require platforms to designate grievance and compliance officers.
Business Impact
In its court filing, X expressed concerns about potential damage to its business operations in India. The company states that its platform relies on users’ ability to share lawful information, and fears that arbitrary blocking orders will undermine user trust and harm its service.
Latest Update on X’s Legal Challenge Against Government Content Blocking
At a hearing held on March 17, Justice M Nagaprasanna instructed X to return to court if the government takes any serious action against the company. For now, government representatives have indicated that no punitive measures have been implemented against X for its refusal to join the Sahyog portal.
X has also accused the Ministry of Electronics and Information Technology (MeitY) of encouraging various government entities to establish a parallel content blocking system, citing blocking orders from the Railways ministry issued in February 2024 as evidence.
Broader Context of X’s Lawsuit Against Indian Government
This legal challenge comes at an interesting time for Elon Musk’s business interests in India. His other companies—Tesla and SpaceX—are currently seeking regulatory approvals to establish operations in the country. Tesla aims to sell electric vehicles in the Indian market, while SpaceX is pursuing the launch of its Starlink satellite internet service in partnership with local telecom providers Jio and Airtel.
The outcome of X’s lawsuit against the government for using the IT Act to block content could have significant implications for how social media platforms operate in India and the balance between government regulatory powers and online freedom of expression.
Expert Opinions on the X vs Government Legal Battle
“This case represents a significant challenge to how digital censorship operates in India,” says Dr. Aishwarya Patel, digital rights expert at the Centre for Internet Society. “X’s decision to sue the government over IT Act content blocking powers could set an important precedent for social media regulation.” Read her full analysis here.
Legal technology expert Rahul Mehta notes, “The government’s use of Section 79(3)(b) instead of Section 69A raises serious questions about procedural safeguards in content removal.” See his detailed breakdown.
For more on global tech regulation challenges, the Internet Freedom Foundation provides comprehensive resources on content blocking controversies.
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