X, formerly known as Twitter, has approached the Karnataka High Court with a petition against the Indian government, challenging its application of Section 79(3)(b) of the Information Technology (IT) Act. The social media giant argues that this section is being misused by authorities to block online content without adhering to proper legal procedures. X contends that the government’s approach bypasses the required safeguards outlined in India’s IT law, specifically the 2015 Shreya Singhal judgment, which mandates a structured review process before any content can be blocked.
The key issue lies in the Indian government’s use of Section 79(3)(b), which stipulates that platforms like X could lose their legal immunity if they fail to remove or block content flagged by authorities. However, X asserts that this provision should not be used for unilateral content blocking. Instead, the company argues that Section 69A provides a more robust framework for blocking content related to national security, sovereignty, or public order. It emphasises that Section 69A ensures a proper review process with safeguards, which Section 79(3)(b) lacks.
X Opposes Government’s Sahyog Portal, Calls it “Censorship”
A significant point of contention is the government’s push for X to participate in the Sahyog portal, a platform set up by the Indian Cyber Crime Coordination Centre (I4C) to handle Section 79(3)(b) orders. X has opposed this, claiming that Sahyog functions as a “Censorship Portal” and imposes undue censorship on platforms without the necessary legal foundation. The company further states that it is already in compliance with the 2021 IT Guidelines, which mandate grievance officers to address content issues, and sees no need for additional officers.
X also argues that the government’s actions threaten its business model. The company relies on users sharing lawful content, and it warns that arbitrary blocking orders could damage its platform’s credibility and user trust. Moreover, X claims that the government’s actions undermine the platform’s ability to operate by circumventing legal protocols meant to protect free expression.
X Accuses Government of Creating Unlawful Content-Blocking System
In addition to its objections to Section 79(3)(b), X’s petition points to the government’s encouragement of ministries, states, and police forces to bypass established procedures for content blocking. X views this as an attempt to create a parallel, unlawful content-blocking system outside the legal framework.
During a hearing on March 17, the Karnataka High Court acknowledged X’s concerns and urged the company to return to court if the government escalates its actions. For now, the government has stated that no punitive steps have been taken against X for not joining the Sahyog portal.
