Elon Musk’s X Sues Indian Authorities Over Alleged Censorship, IT Act Violations

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 Courtroom. The platform has challenged what it calls illegal content material regulation and arbitrary censorship. 

In its petition, ‘X’ raised issues over the federal government’s interpretation of the Data Know-how (IT) Act. It particularly objected to the usage of Part 79(3)(b), arguing that it violates Supreme Courtroom 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 beneath Part 69A of the IT Act, reported PTI. ‘X’ has argued that this contradicts the Supreme Courtroom’s 2015 ruling within the Shreya Singhal case, which established that content material can solely be blocked by way of a judicial course of or as per the legally outlined procedures of Part 69A. 

The Ministry of Data 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 shedding its authorized safety beneath Part 79(1) and will face motion beneath numerous legal guidelines, together with the Indian Penal Code (IPC). 

Nonetheless, X has disputed this interpretation, stating that the availability doesn’t give the federal government impartial authority to dam content material. The corporate has accused authorities of misusing the regulation to impose censorship with out following due authorized procedures. 

Beneath Part 69A, the federal government can block entry to digital content material if it threatens nationwide safety, sovereignty, or public order. Nonetheless, this course of is ruled by the 2009 Data Know-how Guidelines, which require a structured overview earlier than blocking content material. X has alleged that as an alternative 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 concern raised in X’s lawsuit is its opposition to the federal government’s Sahyog portal. Developed by the Indian Cyber Crime Coordination Centre (I4C) beneath the Ministry of Dwelling Affairs, the platform was created to facilitate takedown requests beneath Part 79(3)(b) and allow direct communication between regulation enforcement businesses and social media corporations. 

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 ample authorized overview. The lawsuit argues that that is one other try by the federal government to regulate on-line discourse with out judicial oversight. 

(With PTI inputs)