Karnataka HC dismisses X Corp plea on social media regulation

The Karnataka High Court on Wednesday (September 24) dismissed a petition by Elon Musk’s X Corp seeking a declaration that Section 79(3) (b) of the Information Technology Act does not confer any authority to the Central government officers to issue orders for blocking information as such orders can only be issued after due procedure is followed under Section 69A of the Act, read with IT Rules.

‘Every social media is regulated’

The High Court stated that every social media platform is regulated by every sovereign nation, including the United States, adding that India was no exception to this. It further stated that Indi’s resolve in this regard cannot be labelled as unlawful.

“Regulation of information in this domain is neither novel nor unique. United States of America regulates it. Every sovereign nation regulates it. And India's resolve likewise, cannot by any stretch of Constitutional imagination, be branded as unlawful,” stated Justice M Nagaprassana dictating the order, reported Live Law.

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Warns against ‘unregulated speech’

The court further stated that unregulated speech under the guise of liberty becomes a “license to lawlessness” adding that by contrast, regulated speech safeguards both liberty and order, “the twin pillars” of democracy.

“None may presume to treat the Indian marketplace as a mere playground where information can be disseminated in defiance of statute or disregard to legality, and later adopting a posture of detachment or a hands-off,” stated the order.

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‘Social media must be regulated’

The Karnataka High Court opined that social media content must be regulated, and even more so in cases of crimes against women, particularly failing which the right to dignity enshrined in the Constitution gets railroaded.

It further stated that every platform seeking to operate in India must accept that “liberty is with responsibility” and “the privilege of access carries with it the solemn duty of accountability."

“Information and communication, it's spread or speed has never been left unchecked and unregulated. It has always been a subject matter of regulation. As and when the technology develops from messengers to postal aids till the age of WhatsApp, Instagram and Snapchat, all have been regulated by regulatory regimes subsisting then and subsisting today, both globally and locally,” stated the order.

“Article 19(1)(a) of the Constitution - right to free speech and expression is edged by restrictions under Article 19(2) and is always subject to those reasonable restrictions,” it added.

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‘Rights under Article 19 only for citizens’

The High Court stated that the charter of rights under Article 19 of the Constitution is applicable to citizens only and cannot be invoked otherwise.

"Article 19 of the Constitution of India- noble in its spirit and luminous in its promise remains nevertheless charter of rights conferred upon citizens only. Petitioner who seeks sanctuary under its canopy must be a citizen of the nation, failing which the protective embrace of Article 19 cannot be invoked,” it added.

The court stated that X Corp is subject to a regulatory regime in the US and it chooses to follow the law, which criminalises the violation of take-down orders.

"But the same Petitioner refuses to follow the same in the shores of this nation,” it added.