X Corp has approached the Karnataka High Court, challenging the government’s Sahyog portal powers over online content removal.
Bengaluru
X Corp has filed an appeal before the Karnataka High Court challenging the single-judge ruling that upheld the Union Government’s authority to issue content blocking directions through the Sahyog portal. The appeal, submitted on November 14, seeks to overturn the September 24 judgment, which dismissed X Corp’s petition questioning the scope of Section 79(3)(b) of the Information Technology Act, 2000.
In its original petition, X Corp argued that Central Government officers do not possess independent statutory powers to issue blocking orders under Section 79(3)(b), asserting that such directions must follow the procedural framework under Section 69A of the IT Act and the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021. The single-judge ruling, however, held that the Sahyog portal operates lawfully and is consistent with the IT Act, emphasizing the necessity of regulatory oversight in the digital domain.
The court had compared social media to a modern public arena, observing that unregulated platforms cannot be allowed to function in anarchic freedom. It stated that reasonable restrictions on online speech are essential to protect public order and individual dignity, particularly in cases involving offences against women. The judgment also noted that X Corp, being a foreign entity, cannot invoke Article 19(1)(a) of the Constitution, which guarantees freedom of speech only to Indian citizens.
The court described the Sahyog portal as a cooperative tool designed under Section 79(3)(b) and Rule 3(b) of the 2021 Rules to combat cybercrime and facilitate lawful takedowns. It highlighted inconsistencies in X Corp’s regulatory approach, noting compliance with similar directives in the U.S. but opposition to Indian regulations.
Following the September ruling, X Corp had expressed disagreement and vowed to pursue appellate remedies, arguing that the decision contradicted the Bombay High Court judgment on the Central Government’s Fact Check Unit and disputing the limitation of Article 19 protections to citizens.
The appeal will now be heard by a division bench, which is expected to revisit critical questions regarding intermediary liability, the legal status of the Sahyog portal, Sections 69A and 79 of the IT Act, and the constitutional rights of foreign entities in India’s digital regulatory framework.
