‘Unlawful content regulation’: Musk’s X sues Modi govt-OxBig News Network

After US billionaire Elon Musk-owned social media giant X on Thursday sued the Union Government for alleged violations of the Information and Technology Act and unlawful content regulation, official sources said they would follow due process as per law.

Noting that all social media platforms must follow the law, sources said, “The government will follow due process in the matter.” The sources signalled a readiness to confront X in court.

X, in a petition before the Karnataka High Court today, accused the Government of India of resorting to unlawful content regulation and arbitrary censorship through faulty interpretation of the IT Act.

The petition said the government’s reading of Section 79 (3) (b) of the IT Act violated the 2015 Supreme Court ruling in the Shreya Singhal case in which the SC struck down Section 66 A of the IT law which criminalised broadcast of offensive messages across communication devices. The Ministry of Information and Broadcasting maintains that Section 79(3)(b) requires social media platforms to

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remove illegal content when directed by either a court order or a government notification and in case the platform fails to comply in 36 hours, it risks losing protection under Section 79(1) and could be held accountable under various laws, including the Indian Penal Code.

X argues in its lawsuit that the government position runs contrary to the 2015 Shreya Singhal ruling which established that content can only be blocked through an adequate and due process or the legally defined route under Section 69A.

X contends that the government is using the said section to “create a parallel content-blocking mechanism, bypassing the structured legal process outlined in Section 69A.”

Section 69A of the IT Act says the government is empowered to block public access to digital content if the same is deemed a threat to national security, sovereignty, or public order.

This process is however regulated under the 2009 Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, which mandate due review process before content blocking move can be made.

X says instead of following the due procedures, the government is using Section 79(3)(b) as a shortcut, “allowing content to be removed without the necessary scrutiny”.

India to have own browser: Minister

India is working on an indigenous browser with the government on Thursday unveiling results of a national competition organised for the purpose. Listing the merits of the Indian browser, Minister of Electronics and Information Technology Ashwani Vaishnaw said it would ensure data safety and privacy as data would not be hosted abroad.