Karnataka HC rejects X Corp’s challenge, affirming government’s authority to regulate social media content.
Bengaluru
The Karnataka High Court on Wednesday dismissed X Corp’s plea challenging the validity of the Centre’s ‘Sahyog’ portal and content blocking orders under Section 79(3)(b) of the Information Technology Act. The plea sought a declaration that government authorities could not issue information blocking orders without following the procedure under Section 69A of the Act.
Justice M. Nagaprassana emphasized that social media cannot operate in an unchecked environment, noting that regulation is necessary to preserve both liberty and public order. The court observed that the Sahyog portal is a legitimate mechanism enabling government authorities to coordinate with intermediaries to curb unlawful content, particularly offences against women, and does not violate constitutional rights.
The court also stated that precedents under the 2011 IT Rules, such as the Shreya Singhal judgment, do not apply to the 2021 Rules, which govern the current framework for content regulation. It highlighted that intermediaries, including X Corp, are expected to comply with Indian laws even if they operate under different regulatory regimes abroad.
X Corp had argued that compelling social media platforms to monitor and remove unlawful content violates free speech and creates a “chilling effect” on users. The Centre countered, asserting that safe harbour protections for intermediaries are conditional and do not extend to content that threatens public order or violates law.
The High Court’s verdict underscores the importance of regulated speech on social media and affirms the authority of the Sahyog portal as an administrative tool to combat unlawful content while balancing citizens’ constitutional rights.
