X Sues Indian Government In High Court Of Karnataka On IT Act Violations
X Sues Indian Government In High Court Of Karnataka On IT Act Violations
Cites the ruling of the Supreme Court in the Shreya Singhal case
Social media platform X (formerly Twitter), owned by US billionaire Elon Musk, has filed a lawsuit in the High Court of Karnataka against Government of India, challenging the unlawful content regulation and arbitrary censorship.
It raised concerns over the Centre's interpretation of Section 79(3)(b) of the Information Technology (IT) Act, violating the Supreme Court rulings and undermining free expression online. It alleged that the government used it to create a parallel content-blocking mechanism, bypassing the structured legal process outlined in Section 69A.
The lawsuit claimed the approach contradicted the apex court’s ruling in the Shreya Singhal case. Under Section 69A, it was established that the content could only be blocked through a proper judicial process or the legally defined route.
As per the Ministry of Information and Broadcasting (I&B), Section 79(3)(b) mandated online platforms to remove illegal content when directed by a court order or a government notification.
Failing to comply within 36 hours, the company risked losing its safe harbor protection under Section 79(1) and could be held accountable under various laws, including the Indian Penal Code (IPC).
However, contesting the interpretation, X argued that it did not grant the government independent authority to block the content. It accused the authorities of misusing the law to impose arbitrary censorship without following the norms.
Meanwhile, under Section 69A of the IT Act, the government has the power to block public access to digital content if it’s a threat to national security, or sovereignty. However, the process is regulated by the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, which requires a structured review process before blocking.
X maintained that instead of following the procedures, the government used Section 79(3)(b) as a shortcut. It allowed the content to be removed without scrutiny. It violated legal safeguards meant to prevent arbitrary censorship.
Another bone of contention for X was the government's Sahyog Portal. Created by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, the platform was designed to streamline takedown requests under Section 79(3)(b) and facilitate direct communication between social media platforms and law enforcement agencies.
However, the social media giant refused to onboard an employee onto the portal, claiming it was a ‘censorship tool’ that pressured platforms to remove content without proper legal review. It added this was yet another attempt by the government to control online discourse without judicial inference.
