X challenges Indian govt in court over content blocking under IT Act
PTC Web Desk: X (formerly Twitter) has filed a petition in the Karnataka High Court against the Indian government's use of Section 79(3)(b) of the Information Technology (IT) Act to demand content removal. The Elon Musk-owned platform argues that the authorities are bypassing proper legal channels and setting up an unlawful censorship mechanism to block online content.
Under the IT Act, platforms like X risk losing their "safe harbour" protection if they fail to comply with government orders to block content. However, X contends that Section 79(3)(b) does not grant the government the authority to issue blocking orders. Instead, the company asserts that Indian govt are misusing this provision to sidestep Section 69A, which outlines a structured process for content blocking and includes safeguards upheld by the Supreme Court’s 2015 Shreya Singhal judgment.
X warns of growing censorship in India
According to X, Section 69A permits content blocking only under specific conditions, such as national security concerns, and mandates a review process. In contrast, Section 79(3)(b) lacks transparency, allowing authorities to take down content arbitrarily. X warns that such unchecked powers could lead to widespread censorship in India, impacting the platform’s operations and eroding user trust.
The company is also resisting pressure from the Indian government to join Sahyog, a portal managed by the Indian Cyber Crime Coordination Centre (I4C). The portal is designed to facilitate orders under Section 79(3)(b), but X has described it a “Censorship Portal”, arguing that there is no legal mandate for its creation. X also opposes the requirement to appoint special officers for compliance, insisting that it already follows the 2021 IT Rules, which mandate grievance and compliance officers.
During a hearing on March 17, Justice M Nagaprasanna advised X to return to court if the government takes punitive action against the company. For now, the government has assured that no penalties have been imposed on X for refusing to join the Sahyog portal.
In its petition, X has also accused MeitY (Ministry of Electronics and Information Technology) of encouraging ministries, state governments, and law enforcement agencies to create a parallel system for content blocking. As evidence, X cited recent blocking orders issued by the Railways Ministry in February 2024.
X’s legal battle with the Indian government unfolds at a time when other Elon Musk-led companies, Tesla and SpaceX, are seeking regulatory approvals to expand in India. While Tesla aims to introduce electric vehicles (EVs) in the country, SpaceX is working to launch Starlink satellite internet services in collaboration with Jio and Airtel.
- With inputs from agencies
