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Social media platform X Corp on Monday, September 29, said it will appeal against a recent order of the Karnataka High Court that directed it to comply with government takedown notices, describing the ruling as a threat to free expression in India.
In a statement, X platform’s Global Government Affairs’ team said the order would allow “millions of police officers to issue arbitrary takedown orders through a secretive online portal called Sahyog.” The company warned that such a regime “has no basis in law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression.”
The High Court, on September 24, dismissed petitions filed by X challenging content removal orders issued by the Centre and State authorities under Section 79 of the IT Act. The platform argued that the Sahyog portal allows officers to remove content “based solely on allegations of illegality, without judicial review or due process for the speakers,” and threatens intermediaries with criminal liability for non-compliance.
Rejecting this, Justice M Nagaprasanna said, “Content on social media must be regulated, particularly in cases of offences against women, failing which the right to dignity of citizens is undermined.” Calling Sahyog “an instrument of public good and a beacon of cooperation between the citizen and the intermediary,” the Court held that regulation was “the need of the hour.”
The bench further observed that Article 19’s constitutional protection of free speech applies only to Indian citizens. “The protective embrace of Article 19 cannot be invoked by those who are not citizens. American jurisprudence cannot be transported to Indian judicial thought process,” the court said, criticising X for refusing to comply with Indian takedown orders while adhering to US laws.
“The digital ecosystem is fast-changing, and regulation must evolve with technology,” the court added, noting that the 2021 IT Rules demand their own interpretative frame.
X, however, maintained that it respects Indian law but disagrees with the ruling. “We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad. X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform. We will appeal this order to defend free expression,” the statement said.