Lagatar24 Desk
New Delhi: Social media giant X (formerly Twitter), owned by Elon Musk, has filed a lawsuit against the Indian government in the Karnataka High Court over alleged “unlawful censorship”. The case challenges provisions under the Information Technology (IT) Act, specifically Section 79(3)(B) and the government’s Cooperation Portal, which X claims are being misused to enforce arbitrary content takedowns. The next hearing is scheduled for March 27, 2025.
Grounds for the Lawsuit
X Corp argues that the Indian government is misusing Section 79(3)(B) of the IT Act, which mandates online intermediaries to remove unlawful content. However, X claims the Cooperation Portal is bypassing due legal procedures outlined under Section 69A, which the Supreme Court upheld in the 2015 Shreya Singhal case as the only legal framework for content removal.
X’s Arguments in Court
🔹 Violation of Free Speech: X alleges that the government’s takedown orders infringe on users’ freedom of expression, violating Article 19(1)(a) and Article 14 of the Indian Constitution.
🔹 Threat to Business Model: X claims that arbitrary censorship hampers its business operations, which rely on unrestricted information sharing.
🔹 Legal Framework Violation: The “safe harbor” protection under Section 79(3)(B) was meant to shield intermediaries from liability, not to facilitate censorship. X argues that the Cooperation Portal misuses this provision.
🔹 Relief Demanded: X is seeking a ban on the Cooperation Portal and wants Section 79(3)(B) deemed invalid for issuing blocking orders.
Government’s Response
In the first hearing, the Indian government argued that no punitive action has been taken against X for refusing to comply with the Cooperation Portal. Additionally, the government has sought clarification from X on the AI chatbot GROK’s responses, adding a new dimension to the case.
The court has granted interim relief, allowing X to approach the judiciary again if the government takes coercive action against the company.
Past Clashes Between X and Indian Government
This is not the first legal battle between X and the Indian government. In 2022, X had challenged content takedown orders under Section 69A, citing lack of transparency and suppression of dissent.
The Indian government has previously directed X to remove:
✔ Khalistan-linked accounts
✔ Posts related to the farmers’ protest
✔ Criticism of COVID-19 policies
This legal battle is expected to have significant implications on digital censorship, free speech, and government oversight of social media platforms in India.
