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‘Deeply Concerned’: X To Challenge Karnataka High Court’s Order On Takedown Notices

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This came after Karnataka HC dismissed X Corp’s petitions challenging government’s Sahyog portal and related notifications, which enable certain content blocking.

'Deeply Concerned’: X To Challenge Karnataka High Court Order On Takedown Notices

‘Deeply Concerned’: X To Challenge Karnataka High Court Order On Takedown Notices

Social media platform X Corp has expressed deep concern over a recent Karnataka High Court ruling that it says will allow millions of police officers to issue arbitrary takedown orders. The company has announced its intention to appeal, emphasising its commitment to defending free expression.

“Deeply concerned by the recent order from Karnataka Court in India, which will allow millions of police officers to issue arbitrary takedown orders. We will appeal this order to defend free expression,” X Corp stated.

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Court upholds government oversight

This came after the Karnataka High Court dismissed X Corp’s petitions challenging the Union government’s Sahyog portal and related notifications, which enable certain content blocking. The court highlighted that regulation of social media is “the need of the hour” and that platforms cannot operate in India without oversight. Justice M Nagaprasanna clarified that foreign companies cannot invoke Article 19 of the Indian Constitution, which guarantees freedom of speech to Indian citizens.

“A company which is faceless in India… cannot challenge any of the statutes of the nation under the umbrage of Article 19. Its presence is not there. It cannot raise a challenge to the statutes regulating social media,” the court ruled.

Framework and blocking orders

X Corp had argued that the Sahyog portal allows blocking under Section 79(3)(b) of the IT Act, bypassing the due process of Section 69A. The petition followed multiple takedown orders by the Ministry of Railways after posts on a stampede at New Delhi Railway Station. The court rejected X Corp’s challenge, noting that Article 19 rights are restricted to Indian citizens and that statutory restrictions on platforms are consistent with constitutional limitations.

Justice Nagaprasanna drew comparisons with regulatory frameworks abroad, including the United States, stating that no medium of communication has ever been beyond the reach of law. He stressed that social media platforms, which host vast quantities of information, cannot portray themselves as neutral intermediaries. “Tons and tons of information is on the platform and just one particular information springs up to become popular or unpopular is by the algorithms that the platform deploys,” the judgment noted.

Upholding the Sahyog Portal

The court upheld the Sahyog portal as a legitimate mechanism for enforcing statutory provisions. It concluded that social media is not exempt from regulation and must balance freedom with accountability.

“Social media, as the modern amphitheatre of ideas, cannot be left in a state of anarchic freedom. Regulation of information in this domain is neither novel nor unique,” the ruling stated. X Corp has announced it will challenge the decision to protect its interpretation of free expression in India.

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