Musk's X sues Modi government over content blocking orders
What's the story
X has challenged the Indian government's content-blocking process in Karnataka high court, as per Hindustan Times.
In a petition filed, the company claims the government is misusing Section 79(3)(b) of the Information Technology (IT) Act.
This provision enables intermediaries to lose their safe harbor if they do not remove or disable access to certain content upon the direction of an appropriate government authority.
Legal argument
X argues misuse of IT Act
X argues the government is misusing Section 79(3)(b) to bypass safeguards under Section 69A of the IT Act.
The Elon Musk-owned company contends this section doesn't grant blocking powers to the government and is being used by authorities to censor online content arbitrarily.
X claims these actions violate the Supreme Court's 2015 Shreya Singhal judgment, which stated content could only be blocked through a competent court order or under a structured process outlined in Section 69A of the IT Act.
Legal proceedings
X seeks protection against government actions
Along with seeking protection from government actions violating Section 69A, X is also seeking immunity from compulsory onboarding on 'Sahyog.'
The portal was developed by the Indian Cyber Crime Coordination Centre (I4C) to simplify Section 79(3)(b) orders.
X has called this platform a "censorship portal."
The company contends that there's nothing in law that permits Sahyog's creation or creates a statutory requirement to appoint a nodal officer for such a portal.
Past confrontations
X's previous legal challenges in India
Notably, this isn't the first time X has challenged India's content-blocking orders.
In 2022, it questioned the legality of Section 69A orders blocking entire accounts instead of specific tweets.
The Karnataka HC ruled in the government's favor in 2023, imposing a ₹50 lakh penalty on X.
Now, X argues the government's misuse of Section 79(3)(b) seeks to undermine established legal procedures and create a censorship system without checks and balances.