X Files Lawsuit Against Indian Government Over Censorship

March 21, 2025

Recently, social media platform X, formerly known as Twitter, has initiated legal proceedings against the Government of India in the Karnataka High Court. The lawsuit challenges the government’s interpretation of Section 79(3)(b) of the Information Technology (IT) Act. X argues that the government’s content regulation practices are unlawful and infringe upon online free speech. The case has arisen amid escalating tensions between the platform and the Indian authorities over content management and censorship.

Background of the Dispute

The conflict began when X declined to join the Government of India’s ‘Sahyog’ portal, designed for cooperation between social media platforms and law enforcement. Elon Musk, CEO of X, contended that the platform has its own system for sharing information regarding cybercrime. X is the only major platform that has not complied with the Sahyog initiative, which has been adopted by 38 other companies.

The Sahyog Portal

The Sahyog portal, launched by the Ministry of Home Affairs, aims to enhance online safety by facilitating communication between government agencies and social media platforms. It automates the process of issuing notices to intermediaries under the IT Act to remove content deemed unlawful. This initiative has raised concerns regarding transparency and the potential for arbitrary censorship.

Legal Framework

Under Section 69A of the IT Act, the government can block content that threatens national security or public order. However, this process requires a structured review. Section 79(3)(b) mandates online platforms to remove illegal content upon government notification. Failure to comply can result in the loss of safe harbour protections, exposing platforms to legal liability.

X’s Legal Arguments

X’s lawsuit claims that the government’s use of Section 79(3)(b) leads to arbitrary censorship without due process. The platform argues that the Sahyog portal allows government officials to remove content without adhering to legal safeguards. X believes this undermines protections against unjust censorship established by the Supreme Court in the 2015 Shreya Singhal judgment. The Government of India has responded by asserting that no action has been taken against X for its refusal to join the Sahyog portal.

Implications of the Lawsuit

X’s petition marks the potential misuse of Section 79(3)(b) by various government agencies to issue content takedown notices. The platform argues that this circumvents the procedural safeguards outlined in Section 69A. The case raises critical questions about the balance between online safety and freedom of expression.

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