X has to follow Modi government's takedown orders: Karnataka HC
What's the story
The Karnataka High Court has dismissed a petition from Elon Musk-owned X Corp, challenging the Indian government's content takedown orders. The court ruled that the challenge was "without merit," emphasizing that social media cannot be left unchecked. It also stressed that unrestricted speech could result in lawlessness and no social media platform can claim immunity from Indian laws.
Regulation necessity
Court backs Centre's position on content governance
The court noted that X already adheres to a regulated regime in the US but has refused to comply with similar regulations in India. "Social media regulation is a must," the court emphasized, supporting the Centre's position on content governance. This ruling strengthens the Indian government's authority to issue takedown orders against social media companies.
Protection
Article 19 only protects Indian citizens
The High Court has rejected petitions filed by X challenging the Centre's orders to block certain accounts and posts. The court stressed that social media companies cannot operate in India without regulation. It clarified that Article 19 of the Constitution, which guarantees freedom of speech, is "citizen-centric" and only protects the Indian citizens, not foreign entities like X Corp.
Distinction
Difference between US and Indian laws
The court also pointed out the difference between US and Indian laws, saying "American jurisprudence cannot be transported to Indian judicial thought process." It noted that while X follows US laws, it "refuses to follow India's takedown orders." The bench also highlighted the fast-changing digital ecosystem and questioned if the menace of social media needs to be curbed and regulated.