Elon Musk’s X Sues Indian Government Over ‘Unlawful’ Censorship
Elon Musk-owned X (formerly Twitter) has taken legal action against the Indian government, challenging its content takedown practices. The company has filed a petition in the Karnataka High Court, arguing that authorities are misusing Section 79(3)(b) of the IT Act and the Sahyog Portal to impose censorship without following the legally mandated process under Section 69A The Core Issue: A Legal Loophole?
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3/20/20252 min read
The Core Issue: A Legal Loophole?
According to X Corp, the Indian government is sidestepping procedural safeguards by invoking Section 79(3)(b), which does not provide a structured process for blocking content. In contrast, Section 69A, as upheld by the Supreme Court in Shreya Singhal v. Union of India (2015), mandates that takedown requests must be justified in writing, allow pre-decisional hearings, and provide a legal recourse for appeals. X argues that these safeguards are being ignored, leading to arbitrary censorship.
The Core Issue: A Legal Loophole?
According to X Corp, the Indian government is sidestepping procedural safeguards by invoking Section 79(3)(b), which does not provide a structured process for blocking content. In contrast, Section 69A, as upheld by the Supreme Court in Shreya Singhal v. Union of India (2015), mandates that takedown requests must be justified in writing, allow pre-decisional hearings, and provide a legal recourse for appeals. X argues that these safeguards are being ignored, leading to arbitrary censorship
Concerns Over the Sahyog Portal
A major point of contention is the Sahyog Portal, an online platform managed by the Ministry of Home Affairs (MHA). This portal allows government officials and state police to issue content removal requests directly, bypassing the due process under Section 69A. X Corp warns that this system lacks transparency and accountability, enabling mass censorship without oversight.
The government, on the other hand, is pushing platforms like X to integrate with Sahyog for handling Child Sexual Abuse Material (CSAM) complaints under India’s Protection of Children from Sexual Offences (POCSO) Act. However, X maintains that the portal is being misused beyond its intended purpose.
What X Corp Wants From the Court
In its petition, X has sought judicial intervention to:
Clarify that Section 79(3)(b) does not grant the government the authority to issue blocking orders.
Invalidate all takedown orders issued under Section 79(3)(b).
Restrict the enforcement of content takedowns from the Sahyog Portal until a legal verdict is reached.
Reinforce Section 69A as the only lawful mechanism for blocking online content.
Government's Stand and Next Steps
During the initial hearing, the government clarified that it has not taken any action against X for not joining the Sahyog Portal. However, the court has granted X the liberty to seek legal protection if any action is taken against it in the future. The next hearing is scheduled for March 27.
This is not the first legal dispute between X Corp and the Indian government. In 2022, X challenged takedown orders under Section 69A, arguing that the process lacked transparency and violated free speech rights
The Bigger Picture...
The outcome of this case could set a precedent for how digital platforms operate in India. If X wins, it may strengthen the legal safeguards against arbitrary content censorship. However, if the government’s stance is upheld, it could mean tighter regulations and more control over online platforms.
As the case unfolds, it will be crucial to see whether the court upholds the constitutional rights of free speech and due process or allows the government’s current approach to continue.
