X, the social media platform owned by Elon Musk, is preparing to appeal a Karnataka High Court ruling that permits police to remove content through the “Sahyog portal.” The company believes this system violates free speech principles by allowing content takedowns without judicial review. X argues that the portal could infringe on the constitutional rights of its users.
X’s objection centers on the Sahyog portal’s potential for police to issue content removal orders without any judicial oversight. The company views this as a threat to freedom of expression and user rights. X maintains that the system contradicts legal standards, particularly Section 69A of the IT Act, and disregards Supreme Court precedents, potentially infringing on Indian citizens’ constitutional right to freedom of speech.
The Core of the Sahyog Portal Dispute
X contends that the Sahyog portal empowers law enforcement to remove content solely by deeming it “illegal,” bypassing court reviews and the opportunity for platforms to defend their content. This, X claims, places undue pressure on social media platforms.
Background of the Karnataka High Court’s Decision
The Karnataka High Court recently rejected X’s challenge to the content removal mechanism, determining that the Indian government’s regulations were legally sound. X has subsequently chosen to contest this decision in a higher court.
The Indian Government’s Rationale for the Sahyog Portal
The Indian government asserts that the Sahyog portal’s primary aim is to eliminate illegal and harmful content online. The government views it as a crucial measure to counter the spread of fake news and misinformation, thereby fostering accountability.
Elon Musk and the Indian Government: A History of Disagreement
This instance is not the first time X and the Indian government have clashed. The company has previously voiced its disagreement with government policies on content blocking and censorship. Elon Musk has consistently portrayed himself as a “free speech absolutist,” indicating his commitment to defending freedom of expression.
Stricter Internet Rules Introduced in 2023
Since 2023, the Indian government has increased its control over the internet, enabling over two million officials to directly order tech companies to remove content via the Sahyog portal. This action has intensified the pressure on tech firms, a development X is actively contesting.
