U.S. AIR FORCE ACADEMY, Colo. -- Tesla Inc. Chief Executive Officer Elon Musk speaks with Lt. Gen. Richard Clark, Superintendent of the U.S. Air Force Academy, during the Ira C. Eaker Distinguished Speaker Presentation in the Academy's Arnold Hall on April 7, 2022 in Colorado Springs, Colo. (U.S. Air Force photo by Trevor cokley)
X Challenges Indian Government’s Use of IT Act for Content Blocking
X Corp, formerly known as Twitter, has filed a legal petition against the Indian government in the Karnataka High Court, challenging the use of Section 79(3)(b) of the Information Technology (IT) Act for content blocking. The company argues that this practice creates an unlawful mechanism that bypasses established legal procedures and violates the Supreme Court’s ruling in the Shreya Singhal case.
Allegations of Misusing Section 79(3)(b)
X Corp claims that authorities are misinterpreting Section 79(3)(b) to issue content removal orders without following the due process mandated under Section 69A of the IT Act. The company argues that this leads to arbitrary censorship, as the government’s actions allegedly lack the procedural safeguards required by law.
Concerns Over the Sahyog Portal
The petition also raises concerns about the Sahyog portal, an initiative of the Indian Cyber Crime Coordination Centre (I4C). X Corp contends that the portal operates as a “Censorship Portal” without any legal foundation. The company further states that it has already complied with regulatory requirements by appointing designated officers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, making additional compliance demands unnecessary.
Potential Implications for Online Platforms
The outcome of this case could have significant implications for online platforms operating in India. If the court rules in favor of X Corp, it could reinforce the requirement for authorities to strictly follow due process before directing content takedowns, ensuring a balance between regulation and free speech. On the other hand, if the court upholds the current government practices, it may provide authorities with expanded powers to order content removal without procedural safeguards.
Conclusion
X Corp’s legal action highlights the broader debate on content regulation and free speech in India. The verdict will likely shape the future of digital governance in the country, impacting both online platforms and users.
