X to challenge Karnataka HC directive to comply with content takedown orders

In its response to the order, the Elon Musk-owned company said it was deeply concerning and will give power to “millions of police officers” to issue arbitrary takedown orders.

Also read: Karnataka HC dismisses X Corp plea on social media regulation

Will defend free expression: X

“Deeply concerned by the recent order from Karnataka Court in India, which allow millions of police officers to issue arbitrary takedown orders. We will appeal this order to defend free expression,” X said in its response.

The high court on September 24 dismissed a petition by X against the government’s content takedown mechanism under Section 79 of the Information Technology act while asserting that social media needs to be regulated and as a "modern amphitheatre of ideas" it cannot be left in a state of "anarchic freedom".

Social media needs to be regulated: HC

Holding that every sovereign nation regulates social media and that India's action likewise, cannot, by any stretch of constitutional imagination, be branded as unlawful, the court said none may presume to treat the Indian marketplace as a mere playground where information can be disseminated in defiance of statutes or disregard to legality.

Also read: Centre slams 'X' for calling ‘Sahyog’ censorship tool, defends IT Act in Karnataka HC

"Social media needs to be regulated, and its regulation is a must, more so in cases of offences against women in particular, failing which the right to dignity, as ordained in the constitution of a citizen, gets railroaded," said the single-judge bench of Justice M Nagaprasanna.

"The petitioner’s platform is subject to a regulated regime."

‘Liberty comes with responsibility’

The judge also said that every platform that seeks to operate within the jurisdiction of India must accept that liberty is yoked with responsibility and the privilege of access.

These platforms carry with it the solemn duty of accountability to hold, otherwise it will imperil both the rule of law and the fabric of social harmony, the court observed.

Also read: As BJP sets the template, states join social media gag order culture

X’s petition

X Corp (formerly Twitter) had moved the court seeking a declaration that Section 79(3)(b) of the IT Act does not confer the authority to issue information blocking orders, as it questioned the way the Centre and the state governments were issuing such orders.

Section 79 of the IT Act grants safe harbour protection to intermediaries, shielding them from liability for user-generated content, and Section 79(3)(b) removes the same if an intermediary fails to block/remove unlawful content upon government notification.

The social media giant contended that such orders can only be issued after following the procedure under Section 69A of the Act read with the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules. It had also challenged the legality of the Centre’s Sahyog’ portal – an online platform used to issue content takedown orders to intermediaries.

Also read: SC seeks Centre's reply on removing online posts without alerting account user

What is Section 69?

Section 69 of the IT Act, 2000 grants the government the power to issue directions to intercept, monitor, or decrypt information from any computer resource in the interest of India's sovereignty, integrity, defense, security, friendly relations with foreign states, or public order, and to prevent incitement to the commission of any cognisable offense or for the investigation of any offense.