An Indian court has dismissed a legal challenge by Elon Musk’s social media platform, X, against the Indian government’s Sahyog portal, which the company alleged was being used to arbitrarily censor content. The Karnataka High Court ruled that X’s case was ‘without merit,’ though the full judgment remains undisclosed. This marks the second time in just over two years that X has lost a legal battle against the Indian government’s content-blocking powers, raising concerns among free speech and digital rights advocates. X, which boasts an estimated 25 million users in India, has not yet indicated whether it will appeal the decision.
The Sahyog portal, operated by India’s federal home ministry, automates the process of sending government notices to social media platforms like X and Facebook. While other tech giants such as Google, Amazon, and Meta have joined the portal, X has refused, labeling it a ‘censorship portal.’ X argued that Sahyog bypasses legal safeguards, allowing government officials, including local police officers, to issue content removal orders unilaterally and arbitrarily. The company’s lawyer criticized the system, stating that it authorizes ‘every Tom, Dick, and Harry officer’ to issue takedown orders, a remark that drew objections from the government.
The Indian government defended Sahyog, emphasizing its necessity in addressing the ‘growing volume of unlawful and harmful content’ on social media. It clarified that the portal is not for issuing blocking orders but for notifying intermediaries about unlawful content. The court upheld this view, stating that social media cannot be left in ‘a state of anarchic freedom’ and that regulation is essential. The judge also noted that while X complies with similar takedown orders in the U.S., it refuses to do so in India.
This ruling has sparked debates about free speech and government overreach in India. Digital rights experts have warned that Sahyog has led to a ‘wholesale increase in censorship.’ X has a history of challenging India’s content-blocking mechanisms, which legal experts often describe as opaque and arbitrary. In 2022, before Musk’s acquisition, X became the first platform to contest takedown orders, resulting in a fine of 5 million rupees ($56,000) for delayed compliance. Its appeal against that ruling is still pending.