Musk’s ‘X’ Claims India Misuses IT Act To Block Content

Microblogging platform X filed a petition in the Karnataka High Court challenging the Union government for the way it uses Section 79(3)(b) of the Information Technology Act.

In the petition, X claimed that the government authorities in the country are blocking content online by setting up an illegal system.

According to the IT Act, social media platforms like X can lose their legal protection, if they do not remove or block content when directed by the government authorities.

X alleged that the authorities are bypassing proper legal procedures and blocking the content online. X contended that the authorities are misusing the provision to sidestep Section 69A, a detailed process and safeguards for blocking content, as laid out by India’s Supreme Court in the 2015 Shreya Singhal judgement, of the IT Act.

Elon Musk’s X said that its business is being hurt due to such illegal acts. X opines that the blocking of content by the Indian authorities would damage the platform and also affect user trust, as the platform depends on its users for authentic information.

At the same time, X is also opposing the Indian government’s push for it to join Sahyog, a portal governed by the Indian Cyber Crime Coordination Centre.

X termed Sahyog as a ‘censorship portal’ and says there is no legal foundation for creating this system or pressurizing companies to appoint special officers for it.

X said that it has already followed the rules mentioned in the 2021 IT Guidelines, and appointed grievance and compliance officers.

Justice M Nagaprasanna, during hearing on March 17, asked X to come back to the court if the government initiates any serious action against the company.

For now, the government stated that no punitive action has been taken against X, for refusing to join the Sahyog portal.