Elon Musk’s social media platform X has lost a legal challenge against the Indian government over content takedown orders. The Karnataka High Court ruled that as a foreign company, X does not have a constitutional right to free speech under Indian law.
The court’s decision supports the Indian government’s use of a centralised online portal, called Sahyog, to issue content removal orders. The court clarified that Article 19 of the Indian Constitution, which guarantees free expression, applies only to Indian citizens.
In his ruling, senior judge M Nagaprasanna said, “Article 19 of the Constitution of India, noble in its spirit and luminous in its promise, remains, nevertheless, a Charter of Rights conferred upon citizens only. The petitioner who seeks sanctuary under its canopy must be a citizen of the nation, failing which the protective embrace of Article 19 cannot be invoked.”
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For those unaware, X filed the case in March, challenging government orders that asked the platform to block certain accounts and posts, including content critical of official policies. X called the portal a “censorship portal” and argued that the process was not transparent and violated free speech principles.
India launched the Sahyog portal last year to make it easier for authorities to remove illegal content online. The portal is used by several tech companies, including Microsoft, Google, Meta, ShareChat, and LinkedIn, to act on government takedown notices automatically.
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Content takedown orders have increased in India as more people come online. During the nationwide farmers’ protests in 2020–2021, platforms including X, Facebook, and Instagram removed content under government orders.
X can still appeal to the Supreme Court, though legal experts believe the top court may rule similarly, reports TechCrunch.