Elon Musk’s `X` Sues Indian Government Over Alleged Censorship, IT Act Violations-OxBig News Network

Microblogging social media platform ‘X’ (formerly Twitter), owned by billionaire Elon Musk, has filed a lawsuit against the Indian government in the Karnataka High Court. The platform has challenged what it calls unlawful content regulation and arbitrary censorship. 

In its petition, ‘X’ raised concerns over the government’s interpretation of the Information Technology (IT) Act. It specifically objected to the use of Section 79(3)(b), arguing that it violates Supreme Court rulings and restricts free expression online. 

The lawsuit claims the government is using this section to create a separate content-blocking mechanism that bypasses the structured legal process under Section 69A of the IT Act, reported PTI. ‘X’ has argued that this contradicts the Supreme Court’s 2015 ruling in the Shreya Singhal case, which established that content can only be blocked through a judicial process or as per the legally defined procedures of Section 69A. 

The Ministry of Information and Broadcasting (I&B) has defended its position, stating that Section 79(3)(b) mandates online platforms to remove illegal content when ordered by a court or a government directive. If a platform fails to comply within 36 hours, it risks losing its legal protection under Section 79(1) and could face action under various laws, including the Indian Penal Code (IPC). 

However, X has disputed this interpretation, stating that the provision does not give the government independent authority to block content. The company has accused authorities of misusing the law to impose censorship without following due legal procedures. 

Under Section 69A, the government can block access to digital content if it threatens national security, sovereignty, or public order. However, this process is governed by the 2009 Information Technology Rules, which require a structured review before blocking content. X has alleged that instead of following these procedures, the government is using Section 79(3)(b) as a shortcut to remove content without proper scrutiny. 

Another key issue raised in X’s lawsuit is its opposition to the government’s Sahyog portal. Developed by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, the platform was created to facilitate takedown requests under Section 79(3)(b) and enable direct communication between law enforcement agencies and social media companies. 

X has refused to assign an employee to the Sahyog portal, calling it a ‘censorship tool’ that forces platforms to remove content without adequate legal review. The lawsuit argues that this is another attempt by the government to control online discourse without judicial oversight. 

(With PTI inputs)