The Karnataka High Court has dismissed a petition from X Corp, formerly known as Twitter, which challenged the Indian government's authority to issue content takedown orders under the Information Technology Act. The ruling, delivered by Justice M Nagaprasanna, emphasised the necessity of regulating social media platforms, particularly in cases involving offences against women.
Justice Nagaprasanna stated, "Social media needs to be regulated, and its regulation is a must, more so in cases of offences against women. Failing which, the right to dignity, as ordained in the Constitution, gets railroaded." The court pointed out that while X Corp complies with takedown orders in the United States, it has been reluctant to do so in India. The judge remarked, "The same petitioner refuses to follow such orders on the shores of this nation. This cannot be countenanced."
The court's decision reinforces the government's power to direct social media companies to block or remove unlawful content under Section 79(3)(b) of the IT Act. X Corp had argued that the government should only issue such orders under Section 69A, which includes a more formal procedural framework. The company also claimed that the Sahyog portal, created by the government to expedite takedown notices, was a form of censorship that bypassed legal safeguards.
In response, the Union Government, represented by the Solicitor General, argued that X Corp was misleading the court and that the Sahyog portal is an administrative tool designed to facilitate the removal of unlawful content. The government maintained that Section 79(3)(b) provides conditional safe harbour protection to intermediaries, which is forfeited if they do not comply with takedown requests.
The High Court's ruling supports the government's stance and validates the regulatory framework aimed at controlling content on social media platforms.