Elon Musk's X sues Centre over alleged censorship via IT Act, calls it 'unlawful content regulation'
The lawsuit challenges what X describes as "unlawful content regulation and arbitrary censorship" imposed under the Information Technology (IT) Act.
FollowElon Musk-owned social media platform X (formerly Twitter) has taken legal action against the Indian government, filing a case in the Karnataka High Court on Thursday. The lawsuit challenges what X describes as "unlawful content regulation and arbitrary censorship" imposed under the Information Technology (IT) Act.
X contends that Section 79(3)(b) of the IT Act is being misused to enforce content takedowns outside the structured legal framework. According to reports from news agency PTI, the lawsuit alleges that this maneuvering directly contradicts Supreme Court precedents and undermines free speech online.
Parallel censorship? X raises alarm over govt overreach
X has accused the government of exploiting Section 79(3)(b) to establish a shadow content-blocking mechanism, bypassing the established legal route under Section 69A. While Section 69A explicitly allows content removal for reasons of national security, public order, or sovereignty concerns—providing companies with a clear legal directive—Section 79(3)(b) forces social media platforms to interpret legality on their own, leaving them vulnerable to lawsuits and accusations of bias.
Tech companies, including X, have long argued that they should not be burdened with determining content legality. Instead, they believe responsibility should rest with the government, ensuring compliance through official directives rather than ambiguous legal interpretations.
X’s petition cites the 2015 Supreme Court ruling in the Shreya Singhal case, which upheld that content removal must follow a proper judicial process or the legally defined mechanism under Section 69A. By sidestepping these safeguards, X argues, the government’s actions violate constitutional free speech protections.
Social media giants have long raised concerns about Section 79(3)(b), calling it a legal minefield that fosters uncertainty. The provision’s vague definition of platforms having “knowledge” of illegal content forces them to err on the side of caution—often leading to over-censorship and suppression of free expression. Given the sheer volume of content posted daily, tech firms argue that it is practically impossible to police every piece of content effectively.
X and other social media platforms have also challenged the government’s Sahyog portal—an initiative under the Indian Cyber Crime Coordination Centre (I4C) that facilitates takedown requests and direct communication between social media firms and law enforcement.
X rejects ‘Censorship Tool’ Sahyog Portal
Musk’s X has refused to assign an employee to the Sahyog platform, denouncing it as a “censorship tool” designed to pressure platforms into content removals without proper legal scrutiny. The lawsuit argues that this is yet another attempt by the government to tighten its grip on online discourse without judicial oversight.
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