Elon Musk-owned X filed a legal action against the Indian government, charging that authorities are abusing legal provisions for imposing an uncontrolled censorship regime that sidesteps statutory safeguards. The case, filed in the Karnataka High Court, contends that India’s exclusivity of Section 79(3)(b) of the Information Technology Act and reliance on the Sahyog Portal establish a veiled and capricious takedown process that flouts formalized legal protocols.
Why X is Suing the Indian Government
X argues that takedowns of content ought to comply with Section 69A of the IT Act, upheld by the Supreme Court in the 2015 Shreya Singhal v. Union of India judgment as the sole process of blocking online content. X asserts that the government is utilizing Section 79(3)(b) as a substitute tool for requesting removals without observing Section 69A’s procedural checks.
“The law requires that information blocking is only permissible under Section 69A, which offers judicial oversight. In adopting Section 79(3)(b) as the second mechanism, the government in effect overrules the directions of the Supreme Court,” X Corp says in its petition, according to Moneycontrol.
The Sahyog Portal and Its Controversy
One of the key issues in X’s lawsuit is India’s Sahyog Portal, an online portal run by the Ministry of Home Affairs. X contends that the system enables state police and government agencies to directly issue takedown requests without the procedural safeguards of Section 69A.
Adding to tensions, the Indian government has also requested X to explain the responses provided by its AI chatbot, Grok.
At an initial hearing, government officials informed the court that, so far, nothing had been done against X for not integrating with the Sahyog Portal. However, the court nevertheless gave X the option to approach the courts if the government were to act preemptively in the future.
The next case hearing is set for March 27.
