Elon Musk’s social media platform X has announced its intention to appeal the Karnataka High Court’s decision, which dismissed its challenge against mandatory onboarding on the government’s Sahyog portal. In a statement released by X’s global government affairs team, the company argues that the court’s ruling poses a threat to free speech and contradicts previous Supreme Court decisions regarding similar matters.
X expressed concerns that the Karnataka High Court’s decision facilitates “millions of police officers” in issuing arbitrary takedown orders via the Sahyog portal. The platform contends that this system lacks a legal foundation, circumvents Section 69A of the IT Act, and infringes upon citizens’ constitutional rights to free expression. The statement specifically notes, “X is deeply concerned by the recent order… This new regime has no basis in law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression.”
Furthermore, X criticized the operation of Sahyog, which allows officials to demand the removal of online content based solely on claims of “illegality,” without judicial oversight or due process. The company warned that failure to comply with these demands could result in criminal liability for social media platforms.
In its defense, X referenced a recent ruling by the Bombay High Court that deemed a similar regulatory framework unconstitutional. While the company asserted its commitment to adhering to Indian law, it contended that the Karnataka court’s order does not adequately address fundamental constitutional concerns. In its statement, X declared it would appeal the decision “to defend free expression.”
On September 24, Justice Nagaprasanna dismissed X’s plea, reminding that free speech under Article 19(1)(a) is subject to reasonable restrictions as outlined in Article 19(2). The court cautioned against unregulated speech masquerading as liberty, stating, “Social media must be regulated.”
The Sahyog portal is designed to streamline communication between government agencies and social media platforms under the IT Act of 2000. Its goal is to expedite the removal or blocking of online content related to unlawful activities, purportedly enhancing the safety of India’s cyberspace for its citizens.
