Social media platform X (formerly Twitter) announced on Monday that it will appeal a decision by the Karnataka High Court that upheld the Indian government’s content takedown mechanism, warning that the system enables a vast number of police officers across India to issue sweeping, arbitrary directives for content removal.
In a post on its platform, X described the ruling as “deeply concerning,” asserting that it would continue to defend free expression for its users in India. The company contended that the government’s approach “has no basis in the law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression.”
The Controversy Over the Sahyog Portal
At the core of the legal dispute is the Sahyog portal, an online platform launched by the government that allows a wide pool of police and government officials to file content takedown orders.
X has argued that this mechanism threatens platforms with criminal liability for non-compliance and creates an unchecked system of censorship. According to the company, the Sahyog portal allows officials to mandate content removal based solely on generic allegations of “illegality,” effectively operating without necessary safeguards such as judicial review or prior notice to the affected users whose posts are being removed.
Karnataka High Court’s Strong Rejection
The Karnataka High Court, however, forcefully dismissed X’s petition, which had challenged the Central government’s orders to block specific accounts and posts.
The court delivered a firm rebuke to the social media giant, emphasizing that the regulation of platforms is “the need of the hour.” The bench observed: “Social media companies cannot be allowed to work unregulated in India. Every company seeking to operate here needs to know this.”
The key legal arguments used by the court to side with the government were:
- Limited Constitutional Rights: The bench ruled that constitutional protections for free speech under Article 19 are reserved exclusively for Indian citizens, not foreign corporations. The judges stated, “Article 19 remains the charter of rights for citizens only. The protective embrace of Article 19 cannot be invoked by those who are not citizens.”
- Rejection of Foreign Law: The court specifically criticized X’s attempts to invoke precedents from the United States, noting that “American jurisprudence cannot be transported to Indian judicial thought process.”
- Regulation is a Must: The bench also raised broader concerns about the power of algorithms in shaping public opinion, questioning whether the “menace of social media” requires stricter regulation and stating that social media cannot be left in a state of “anarchic freedom.”
Prime Minister Narendra Modi’s government has significantly intensified its efforts to police online platforms since 2023, expanding the pool of officials authorized to issue takedown requests and streamlining the submission process through the Sahyog portal, which officially went live in October.