K’taka High Court on Sept 24 dismissed X Corp.’s petition that challenged the authority of government officials to issue content takedown orders under the Information Technology Act, 2000.
NEW DELHI
Social media platform X, led by Elon Musk, announced on Monday that it will appeal against the Karnataka High Court’s decision rejecting its plea against mandatory onboarding on the government’s Sahyog portal. In a statement, X’s global government affairs team said the court’s order threatens free speech and contravenes Supreme Court rulings in similar cases.
X argued that the Sahyog system enables “millions of police officers to issue arbitrary takedown orders” without judicial review, bypassing Section 69A of the IT Act and violating citizens’ constitutional right to freedom of expression. The platform highlighted that compliance could expose it to criminal liability while undermining due process.
The company also cited a recent Bombay High Court ruling that struck down a similar regime as unconstitutional. “X respects and complies with Indian law, but the Karnataka order fails to address core constitutional issues,” the statement said. The company emphasized that its incorporation abroad does not diminish its role in facilitating public discourse in India.
On September 24, Justice Nagaprasanna dismissed X’s plea, noting that Article 19(1)(a) on free speech is subject to reasonable restrictions under Article 19(2). The court stressed that “unregulated speech under the guise of liberty results in lawlessness” and observed that “social media must be regulated.”
The Sahyog portal, established under the IT Act, 2000, allows government agencies to quickly issue notices to social media intermediaries for removal or blocking of unlawful content. The platform centralizes all authorized agencies to ensure faster action, aiming to make India’s online space safer.
X has stated its intention to appeal, seeking to defend freedom of expression and protect its platform and users from arbitrary takedown demands.
