Social media platform ‘X,’ owned by Elon Musk, has filed a lawsuit in the Karnataka High Court against the Indian government, challenging alleged unlawful content regulation and censorship. The platform claims that the government is misusing Section 79(3)(b) of the IT Act to bypass legal procedures outlined in Section 69A, which requires a formal judicial or executive review for content blocking. ‘X’ argues that this misuse contradicts the Supreme Court’s 2015 Shreya Singhal judgment, which limited the state’s authority to block content without proper legal oversight.
The government, however, maintains that Section 79(3)(b) mandates social media platforms to remove illegal content upon court orders or government notifications. Failure to comply within 36 hours could result in platforms losing their legal immunity under Section 79(1) and facing prosecution under various laws. ‘X’ disputes this interpretation, asserting that the provision does not grant the government independent authority to block content. It accused authorities of imposing censorship without adhering to legal processes, undermining freedom of speech.
Additionally, ‘X’ has opposed the government’s Sahyog portal, developed by the Indian Cyber Crime Coordination Centre to streamline content takedown requests under Section 79(3)(b). The platform claims the portal pressures companies to remove content without adequate legal scrutiny. By refusing to assign an employee to the portal, ‘X’ is challenging what it perceives as a government overreach aimed at controlling online discourse without judicial oversight. The lawsuit underscores the growing friction between global tech firms and governments over digital content regulation.
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