X to Challenge Indian Court Ruling on Content Takedown

X to Challenge Indian Court Ruling on Content Takedowns

Social network X announced on Monday its intention to appeal a recent Indian court decision. This ruling supports a content takedown system that the company deems problematic.

X characterizes the government-operated system as “secretive” and asserts that it lacks a legitimate legal foundation.

Details of the Court Ruling

Last week’s decision by the Karnataka High Court empowers police to issue content removal orders through an online portal known as Sahyog. X views these orders as potentially “arbitrary.”

The company initially filed a petition in March challenging both the government and the Sahyog system. It described the system in court proceedings as a “censorship portal.”

The Sahyog Portal and its Function

India introduced Sahyog, meaning “assistance” in Hindi, in late 2024. The portal’s purpose is to automate content takedowns.

It allows government agencies to directly instruct social media platforms to remove content considered unlawful. While companies like Google, Meta, and ShareChat have integrated with the portal, X has resisted compliance.

X’s Legal Concerns

X argues that the portal “circumvents Section 69A of the IT Act.” It also claims the system violates rulings made by the Supreme Court and infringes upon the constitutional rights of Indian citizens regarding freedom of speech and expression.

Section 69A of the IT Act outlines the procedures for the federal government to order online content blocking. These procedures include safeguards like written orders and opportunities for judicial review.

According to X, “The Sahyog enables officers to order content removal based solely on allegations of ‘illegality,’ without judicial review or due process for the speakers.” The company also highlights the potential for criminal liability for platforms that do not comply.

Court’s Rejection of X’s Argument

The court, in its recent ruling, dismissed X’s argument centered on “free speech.”

It stated that, as a foreign entity, X is not entitled to constitutional freedom of expression under Indian law.

X’s Response and Future Plans

X expressed its disagreement with this assessment. The company emphasized its significant contribution to public discourse in India and the importance of its users’ voices.

“We will appeal this order to defend free expression,” X stated.

Context: X’s Expansion in India

This legal battle unfolds as Elon Musk actively seeks to expand his business interests within India.

Recent developments include the launch of Tesla in the country and the securing of final regulatory approval for his satellite internet service, Starlink.