The petition in Karnataka high court alleges that the Centre’s use of Section 79(3)(b) of the Information Technology (IT) Act, 2000, alongside the Sahyog Portal, creates “an unregulated censorship mechanism that bypasses established legal procedures."
Published Mar 20, 2025 | 5:13 PM ⚊ Updated Mar 20, 2025 | 5:13 PM
Synopsis: Elon Musk’s X Corp has filed a petition in the Karnataka High Court, challenging the Union government’s use of Section 79(3)(b) of the IT Act and the Sahyog Portal to issue takedown orders, arguing that these mechanisms create an “unregulated censorship” system that bypasses legal safeguards.
X Corp, the US-based social media platform formerly known as Twitter, has filed a petition in the Karnataka High Court challenging the legal framework used by the Union government to order social media takedowns.
The Elon Musk-owned company argues that the Centre’s use of Section 79(3)(b) of the Information Technology (IT) Act, 2000, alongside the Sahyog Portal, creates “an unregulated censorship mechanism that bypasses established legal procedures,” Moneycontrol reported.
Under Section 79 of the IT Act, intermediaries—such as social media platforms—are generally shielded from liability for user-generated content.
However, this protection can be revoked under Section 79(3)(b) if they fail to remove unlawful content upon receiving actual knowledge through a court order or government notification.
In its petition, X Corp alleges that the government is misinterpreting this provision to issue takedown orders without following the procedural safeguards set out under Section 69A of the IT Act – recording reasons in writing, providing a pre-decisional hearing, and allowing for legal challenges.
The Supreme Court, in its 2015 ruling in the Shreya Singhal v. Union of India case, had upheld Section 69A as the sole legal mechanism for blocking online content, pointing to its “narrowly drawn provision with several safeguards.”
Meanwhile, the Sahyog Portal is designed to expedite the content removal process by allowing state and central law enforcement agencies, including local police officers, to order social media platforms to remove content. X Corp alleges that the portal provides a “template blocking order,” circumventing Section 69A and thus violating the Supreme Court ruling.
According to Bar and Bench, X Corp has requested the High Court to:
The next hearing is scheduled for 27 March.
The case comes at a time when X Corp is reportedly facing government pressure over its artificial intelligence-powered (AI-powered) chatbot, Grok. The chatbot, integrated into X’s premium services, gained widespread attention last week for its provocative fact-checking responses to user questions, including those about Prime Minister Narendra Modi’s academic degree and politically charged discussions in Hindi.
The Centre has reportedly asked X Corp to explain Grok’s behaviour. “We are in touch, we are talking to them (X) to find out why it is happening and what the issues are. They are engaging with us,” The Hindu reported, quoting unnamed government sources.
(Edited by Dese Gowda)
