The lawsuit alleged the Indian government is using IT Act to create a parallel content-blocking mechanism
Elon Musk acquired X (formerly Twitter) on April 14, 2022
Social media giant ‘X’ (formerly Twitter), owned by US billionaire Elon Musk, has filed a lawsuit in the Karnataka High Court against the Government of India, challenging what it called “unlawful content regulation and arbitrary censorship.” It raised concerns over the Centre’s interpretation of the Information Technology (IT) Act, particularly its use of Section 79(3)(b), which ‘X’ argues violates Supreme Court rulings and undermines free expression online.
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The lawsuit alleged the Indian government is using the said section to create a parallel content-blocking mechanism, bypassing the structured legal process outlined in Section 69A. ‘X’ claimed this approach contradicts the Supreme Court’s 2015 ruling in the Shreya Singhal case, which established that content can only be blocked through a proper judicial process or the legal ly defined route under Section 69A.
According to the Ministry of Information and Broadcasting (I&B), Section 79(3)(b) mandates online platforms to remove illegal content when directed by either a court order or a government notification. If a platform fails to comply within 36 hours, it risks losing its safe harbor protection under Section 79(1) and could be held accountable under various laws, including the Indian Penal Code (IPC). However, X has contested this interpretation, arguing that the provision does not grant the government independent authority to block content.
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