India Court Backs Government Takedown Powers, Rejects X's Free Speech Claim

Indian Court Rejects X’s Challenge to Content Takedown Orders

An Indian court has dismissed a challenge brought forth by Elon Musk’s X, concerning the Indian government’s directives to remove content. The court determined that, as a foreign entity, the social media platform is not entitled to constitutional free speech rights within Indian legal frameworks.

Ruling Favors Government’s Online Portal

The Karnataka High Court delivered its verdict on Wednesday, supporting the Indian government’s utilization of a centralized online system for issuing content removal requests. The court established that foreign-based platforms cannot claim free speech protections as outlined in Article 19 of the Indian Constitution.

This constitutional right to freedom of expression, the court clarified, is exclusively applicable to citizens of India. This decision represents a noteworthy development in India’s increasingly proactive stance towards regulating international technology corporations.

X’s Challenge and the “Sahyog” Portal

X initiated legal proceedings in March, contesting a series of government orders that mandated the blocking of specific accounts and posts, including those expressing criticism of official policies. The central point of contention was the implementation of “Sahyog”—a government portal launched in October.

This portal enables authorities to directly instruct social media companies to remove content. Known as “assistance” in Hindi, X characterized Sahyog as a “censorship portal,” asserting that the process lacked transparency and infringed upon principles of free expression.

Constitutional Rights and Citizenship

“Article 19 of the Constitution of India, while admirable in its intent and promising in its scope, remains a Charter of Rights granted solely to citizens,” stated senior judge M Nagaprasanna in his ruling. The ruling was also broadcast live.

“A petitioner seeking protection under its provisions must be a citizen of the nation; otherwise, the safeguards of Article 19 cannot be invoked,” the judge continued, effectively rejecting X’s petition.

Musk’s Expanding Presence in India

This ruling arrives as Musk broadens his business interests in India, beyond X. He has recently launched Tesla operations and received final regulatory approval for his Starlink satellite internet service.

India is considered a key strategic market for Musk, possessing the world’s second-largest internet user base, trailing only China, and a government aiming for 30% electric vehicle adoption by 2030.

No Comment from X

X has not yet issued a response to requests for comment. A legal representative for X in India was also unavailable for immediate comment regarding the court’s decision.

Implications and Concerns

Kazim Rizvi, founding director of The Dialogue, a New Delhi-based think tank, suggested the ruling could enhance coordination between the government and social media platforms.

However, he cautioned that “due diligence” should not equate to unconditional compliance, particularly when takedowns are initiated through a portal rather than the established procedures of Section 69A of the Information Technology Act, 2000.

Rizvi emphasized that the portal should function as a coordination and collection mechanism, with any binding action originating from a competent authority under the IT Act/Rules.

Increase in Content Takedown Orders

Content takedown requests have been on the rise in India in recent years, coinciding with increased internet usage. Numerous instances of content removal have occurred across platforms—including X, Facebook, and Instagram—during the 2020–2021 nationwide farmers’ protests.

These protests involved significant social media activity that the government sought to regulate.

The Sahyog Portal and its Adoption

The federal government introduced the Sahyog portal last year to accelerate the removal of unlawful content from social media, asserting it would streamline enforcement. Companies like Microsoft, Google, Meta, ShareChat, and LinkedIn have integrated the portal to remove content following automated notices from the government or its agencies.

X’s Compliance with Directives

In February 2024, X acknowledged that, despite its disagreement with the orders, it had withheld certain accounts in response to executive directives from the Indian government. The company noted that noncompliance could result in substantial fines and potential imprisonment.

Shift in Regulatory Approach

A legal expert, working with tech companies and the Indian government on policy matters, stated that Wednesday’s ruling is significant. The decision indicates a growing trend among courts to view internet regulation and tech policy through a policy-focused lens, rather than solely a legal one.

Musk’s Previous Statements

Musk, who has described himself as a “free speech absolutist,” has not publicly commented on the lawsuit or the ruling. However, he previously expressed concerns regarding India’s content regulation laws.

“The rules in India for what can appear on social media are quite strict, and we can’t go beyond the laws of a country,” Musk stated in a 2023 BBC interview.

Potential for Appeal

X retains the option to appeal the ruling to the Supreme Court. However, some legal experts suggest that a favorable outcome is uncertain, as the Supreme Court is likely to align with the reasoning of the Karnataka High Court.

Unaddressed Issues

“The ruling didn’t address whether the government should even have the power to use a portal for ordering content takedowns,” noted a tech policy expert, requesting anonymity due to their connections with the Indian government and major tech firms.

Order Copy Release

The complete text of the court’s order will be released on Thursday, according to the judge.