In a significant ruling on Wednesday, the Karnataka High Court rejected the challenge filed by Elon Musk-owned X Corp (formerly Twitter Inc) against the Union government.
The case revolved around censorship, freedom of expression, and the onboarding of social media platforms onto the government’s Sahyog Portal.
The Bench was led by Justice M Nagaprasanna. The court ruled that the regulation of social media platforms is indispensable.
It should uphold the Centre’s authority to block content through the Sahyog Portal.
The Court held that X Corp’s objection to joining the portal lacked merit.
The judgment underscored that unchecked speech under the guise of liberty inevitably leads to disorder.
The Court further declined X Corp’s request for a declaration. Furthermore, stating that Section 79(3)(b) of the Information Technology Act does not empower the Centre to issue blocking orders.
Delivering the verdict, Justice Nagaprasanna remarked: “Content on social media must be regulated, especially where offences against women are concerned. Otherwise, the constitutional right to dignity stands compromised.”
Court Upholds Government Authority
The Bench emphasised that communication, whether through messengers, WhatsApp, or Instagram, has always faced regulation globally and locally.
It pointed out that even in the United States, restrictions have been imposed on X.
The Court mentioned that the Union government retains the authority to regulate social media through mechanisms such as the Sahyog Portal.
Senior advocate KG Raghavan appeared for X Corp, while Solicitor General Tushar Mehta and Additional Solicitor General Arvind Kamath represented the Union government.
X Corp had filed its writ petition in March, seeking protection from what it described as ‘coercive action’ by the Centre.
The company argued that the Sahyog Portal amounted to a ‘censorship portal’. This gradually led the Centre to misuse provisions of the IT Act, particularly Section 69A and Section 79(3)(b).
Furthermore, to suppress voices critical of the government.
This was not the company’s first legal battle with the Centre. Back in 2022, X opposed the government’s takedown orders passed under Section 69A, yet the High Court affirmed the Centre’s authority.
The company argued that takedown orders from the government frequently targeted opposition leaders and critics, diminishing its intermediary stance and circumventing legal oversight.
The Centre, in response, insisted that Section 69A unambiguously authorises restrictions to safeguard sovereignty, national security, public order and deter incitement.
At a hearing on March 17, Justice Nagaprasanna had permitted X to approach the Court if the government initiated any ‘precipitative action.’
The Centre, however, clarified that no punitive steps had yet been taken for X’s refusal to onboard the Sahyog Portal.
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