Microblogging social media platform ‘X’ (previously Twitter), owned by billionaire Elon Musk, has filed a lawsuit in opposition to the Indian authorities within the Karnataka Excessive Court docket. The platform has challenged what it calls illegal content material regulation and arbitrary censorship.
In its petition, ‘X’ raised considerations over the federal government’s interpretation of the Info Expertise (IT) Act. It particularly objected to the usage of Part 79(3)(b), arguing that it violates Supreme Court docket rulings and restricts free expression on-line.
The lawsuit claims the federal government is utilizing this part to create a separate content-blocking mechanism that bypasses the structured authorized course of underneath Part 69A of the IT Act, reported PTI. ‘X’ has argued that this contradicts the Supreme Court docket’s 2015 ruling within the Shreya Singhal case, which established that content material can solely be blocked by a judicial course of or as per the legally outlined procedures of Part 69A.
The Ministry of Info and Broadcasting (I&B) has defended its place, stating that Part 79(3)(b) mandates on-line platforms to take away unlawful content material when ordered by a court docket or a authorities directive. If a platform fails to conform inside 36 hours, it dangers dropping its authorized safety underneath Part 79(1) and will face motion underneath numerous legal guidelines, together with the Indian Penal Code (IPC).
Nevertheless, X has disputed this interpretation, stating that the supply doesn’t give the federal government unbiased authority to dam content material. The corporate has accused authorities of misusing the legislation to impose censorship with out following due authorized procedures.
Underneath Part 69A, the federal government can block entry to digital content material if it threatens nationwide safety, sovereignty, or public order. Nevertheless, this course of is ruled by the 2009 Info Expertise Guidelines, which require a structured overview earlier than blocking content material. X has alleged that as a substitute of following these procedures, the federal government is utilizing Part 79(3)(b) as a shortcut to take away content material with out correct scrutiny.
One other key challenge raised in X’s lawsuit is its opposition to the federal government’s Sahyog portal. Developed by the Indian Cyber Crime Coordination Centre (I4C) underneath the Ministry of Residence Affairs, the platform was created to facilitate takedown requests underneath Part 79(3)(b) and allow direct communication between legislation enforcement companies and social media firms.
X has refused to assign an worker to the Sahyog portal, calling it a ‘censorship device’ that forces platforms to take away content material with out satisfactory authorized overview. The lawsuit argues that that is one other try by the federal government to manage on-line discourse with out judicial oversight.
(With PTI inputs)
