[Update] Elon Musk’s X To Challenge K’taka HC’s Ruling On Sahyog Portal

Update | 15:30, September 29

Social media platform X has said it will appeal against the Karnataka High Court ruling that dismissed its challenge to India’s content takedown framework. 

In a statement, the company said it is deeply concerned by the Karnataka HC order “which will allow millions of police officers to issue arbitrary takedown orders through a secretive online portal called the Sahyog”.

“This new regime has no basis in the law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression,” the Elon Musk-owned platform’s global government affairs team said in a post. 

The platform said that the Sahyog portal enables officers to order content removal based solely on allegations of “illegality,” without judicial review or due process for the speakers, and threatens platforms with criminal liability for non-compliance. 

“We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad—X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform. We will appeal this order to defend free expression,” it added. 

Original | 19:46, September 24

Adding another layer to the face-off between Elon Musk’s X and the central government, Karnataka’s high court (HC) has now reportedly dismissed the former’s plea seeking relief on the Centre’s censorship orders.

While dismissing X’s plea, Justice M Nagaprassana said social media cannot operate in complete freedom, as per a report by LiveLaw. “Regulated speech preserves both liberty and order,” he said. Citing the US’ regulations of social media posts, the judge opined that the government’s bid to regulate speech on the platform cannot be deemed unlawful. 

“The content on social media needs to be regulated and its regulation is a must, more so in cases of offences against women in particular failing which right to dignity as ordained in the Constitution of a citizen gets railroaded,” the report quotes Nagaprassana as saying while pronouncing the order. 

The social media platform moved the HC against the Centre in March, challenging the Centre’s use of Section 79(3)(b) of the Information Technology (IT) Act to block content. The company had argued that such orders could only be issued under Section 69A and the related IT Rules.

Besides, X had sought protection from coercive action for not joining the Sahyog portal. The government had argued that illegal content cannot claim constitutional protection and that safe harbour for platforms is conditional on proper due diligence.

For the uninitiated, Section 79(3)(b) of the IT Act states that a social media platform loses its safe harbour protection if it fails to remove or disable access to unlawful content upon receiving actual knowledge or notification. Meanwhile, Section 69A of the act empowers the Indian government to block public access to any online content if it is deemed necessary in the interests of India. 

Regarding the government’s Sahyog portal, the court said it is a tool for public good. It helps the government send automated take down notices to social media intermediaries for unlawful content. “To challenge its validity is to misunderstand its purpose,” the judge said.

Adding on to the tussle between the government and X,  the Indian government ordered X to block over 8,000 accounts in India earlier in May. This included accounts of international news organisations and prominent X users. At the time, the platform had said it disagreed with the orders but began withholding access to these accounts in India.