Social media platform X (the erstwhile Twitter) is now suing the Indian government, challenging its interpretation and use of Section 79(3)(b) of the Information Technology (IT) Act. The company has filed a lawsuit in the Karnataka High Court, arguing that the government is bypassing the established legal safeguards outlined under the IT Act.
The Information Technology Act, 2000, lays out specific provisions regarding content moderation on digital platforms. Section 79(3)(b) requires online intermediaries to take down unlawful content when directed by the government or a court order. Failure to comply with such orders can result in the loss of “safe harbor” protection, making platforms legally responsible for user-generated content.
However, X argues that Section 79(3)(b) does not give the government the authority to directly block content. Instead, the company contends that such powers are vested exclusively in Section 69A, which outlines a detailed legal framework for content removal, including judicial oversight and procedural safeguards. X’s legal filing points to the 2015 Supreme Court ruling in Shreya Singhal v. Union of India, which reaffirmed that content can only be blocked under the structured guidelines of Section 69A. The company maintains that by using Section 79(3)(b) as an alternative mechanism, the government is effectively circumventing due process and undermining established legal protections.
A key part of X’s petition is its opposition to the Sahyog portal, a government-run system designed to streamline content takedown orders issued under Section 79(3)(b). The platform, developed by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, allows government bodies and law enforcement agencies to directly request content removals from digital platforms. The Meta-owned social media platform objects to the requirement for social media platforms to appoint a dedicated officer to handle Sahyog requests, arguing that the portal lacks a clear legal foundation. The company describes Sahyog as a “Censorship Portal” that allows authorities to demand content removals without transparency or proper review mechanisms. X insists that it has already complied with existing IT regulations, which mandate grievance and compliance officers for handling government orders.
During the initial hearing on March 17, Justice M Nagaprasanna of the Karnataka High Court advised X to return to court if the government takes punitive measures for its refusal to comply with Sahyog portal directives. So far, the government has stated that no penalties have been imposed against X. The next hearing is scheduled for March 27, where the court is expected to examine X’s claims in greater detail.
And if this is not enough, the social media platform has also accused the Ministry of Electronics and Information Technology (MeitY) of encouraging various government agencies, including state police departments, ministries, and regulatory bodies, to establish an independent content-blocking system. As evidence, X has submitted content takedown requests issued by the Indian Railways Ministry in February 2024. The company asserts that this fragmented approach to content regulation is unlawful, as it allows different government entities to enforce censorship without clear procedural guidelines.
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