Social media platform X (previously Twitter), owned by Elon Musk, has filed a petition in the Karnataka High Court, challenging what it calls an unlawful censorship mechanism implemented by the Indian government. The company claims that the government is misusing Section 79(3)(b) of the Information Technology Act and the Sahyog Portal to force online content takedowns without adhering to proper legal procedures.
The dispute comes after the government asked X to explain certain responses generated by its AI chatbot, Grok. X argues that the government’s actions violate a 2015 Supreme Court ruling, which states that online content can only be blocked through a court order or the structured process outlined in Section 69A of the IT Act. By using Section 79(3)(b) instead, the company claims the government is bypassing these legal safeguards and imposing arbitrary restrictions on digital platforms.
Legal battle over content regulation
During the initial hearing, government representatives stated that no punitive measures had been taken against X for not complying with the Sahyog Portal. The court, however, granted X the right to challenge any future actions taken by authorities in this matter. The next hearing is set for March 27. According to media reports, this is not the first time X has taken legal action against India’s content regulation policies. In 2022, the company challenged takedown orders issued under Section 69A, arguing that they lacked transparency and infringed upon free speech rights.
Concerns over the Sahyog Portal
A major aspect of X’s petition focuses on the Sahyog Portal, a government-run platform that allows various agencies and state police to request content removal directly. X contends that this system effectively creates an alternative censorship mechanism, enabling authorities to order takedowns without the oversight or procedural requirements mandated by law.
The company also opposes the government’s demand that it appoint a dedicated “Nodal Officer” to facilitate compliance with the portal’s directives. X argues that this requirement has no legal basis and imposes undue burdens on social media companies.
Grok AI at the centre of controversy
The legal dispute has gained further attention due to X’s AI chatbot, Grok, which has been criticised for generating politically sensitive and inflammatory responses. Unlike many AI models that undergo rigorous content moderation, Grok is seen as having fewer restrictions, making its responses unpredictable. Critics argue that this lack of oversight could lead to the spread of misleading or offensive content, raising concerns about responsible AI governance. However, X maintains that any regulatory actions must follow legal due process and cannot be enforced arbitrarily.
X seeks court protection
In its petition, X has urged the court to intervene and prevent what it sees as an overreach by the government. As per media reports, the company is requesting that the court:
- Declare that Section 79(3)(b) does not give the government authority to issue content removal orders.
- Invalidate all takedown requests issued under this provision.
- Temporarily halt any enforcement of orders from the Sahyog Portal until the case is resolved.
- Reinforce Section 69A as the only legal framework for blocking online content.
This case is expected to have far-reaching implications for digital governance in India, setting a precedent for how online platforms interact with government regulations.