X contests court ruling allowing removal of posts without review
What's the story
Elon Musk's social media platform X has announced its intention to appeal a recent Karnataka High Court order. The ruling allows millions of police officers to request the removal of online content through a portal called Sahyog, without any judicial review or transparency. X argues that this new regime violates Indian law and infringes on citizens' fundamental rights.
Legal objection
X accuses HC of misinterpreting IT Act
In a post by X's Global Government Affairs handle, the company said that the Sahyog mechanism bypasses Section 69A of the IT Act. This section mandates oversight and due process for content restrictions, principles upheld by the Supreme Court in earlier rulings. The Sahyog portal lets officers flag content as "illegal" and mandate its removal, with platforms facing criminal liability for non-compliance.
Free speech concerns
Platform fears arbitrary takedowns under new system
X contends that the Sahyog system effectively robs users of their constitutional right to freedom of speech and expression. The company fears that takedowns could be enforced arbitrarily and without recourse, thus undermining free expression. It also highlighted a recent Bombay High Court ruling that struck down a similar framework as unconstitutional.
Appeal details
X says it 'respectfully disagrees' with HC ruling
Despite asserting compliance with Indian law, X said it "respectfully disagrees" with the notion that its foreign incorporation should bar it from raising constitutional concerns. The company stressed its role in India's public discourse, saying its platform amplifies the voices of millions of Indian users whose rights are at stake. "We will appeal this order to defend free expression," said the social media platform.
Court's position
Court says social media needs to be regulated
The Karnataka High Court had previously dismissed a petition by Musk's X challenging the power of government officials to issue information blocking orders. The court had said, "Social media needs to be regulated... more so in cases of offenses against women." Justice M Nagaprasanna stressed that communication regulation has always been a governance issue, irrespective of the medium used.