X Corp said it will appeal the Karnataka High Court verdict upholding the government’s Sahyog portal, calling it a threat to free expression. The company argued the system bypasses due process and violates constitutional rights.
Bengaluru: X Corp, which was earlier known as Twitter, is preparing to appeal against a recent judgment of the Karnataka High Court that upheld the Central government’s Sahyog portal. This online platform is being used by the government to issue content removal orders to social media platforms and other intermediaries.
After the ruling, X’s Global Government Affairs team made a public statement on the platform saying that the company was deeply troubled by the decision of Justice M Nagaprasanna.
According to X, the order would
“allow millions of police officers to issue arbitrary takedown orders through the secretive online portal.”
The company added that
“This new regime has no basis in the law, circumvents Section 69A of the Information Technology Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression.”
X also criticised the system by saying,
“The Sahyog enables officers to order content removal based solely on allegations of ‘illegality,’ without judicial review or due process for the speakers, and threatens platforms with criminal liability for non-compliance.”
At the same time, X emphasised that it follows the law of the land but the Karnataka High Court judgment failed to address the larger constitutional issues. It pointed out that another High Court had recently taken a different view.
The company announced,
“We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad—X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform. We will appeal this order to defend free expression,”
The petition before the High Court was filed after the Ministry of Railways had sent multiple takedown orders to X over posts relating to a stampede at New Delhi Railway Station.
X had argued that the Sahyog portal was being misused to pass blocking orders under Section 79(3)(b) of the Information Technology Act, 2000, bypassing the legal procedure that is specifically laid down under Section 69A of the IT Act and the Supreme Court’s landmark Shreya Singhal judgment.
The company also sought a declaration that Section 79(3)(b) of the IT Act does not allow content blocking.
However, Justice M Nagaprasanna rejected these arguments on September 24. The Court said that X Corp cannot seek protection under Article 19 of the Constitution since the right to free speech is only available to Indian citizens.
As the judgment noted,
“Article 19 is luminous in its promise but remains a charter of rights conferred upon citizens only. A petitioner who is not a citizen cannot claim sanctuary under it.”
The Court further expressed disapproval of X Corp’s refusal to follow Indian law, observing,
“The petitioner’s platform is subject to a regulatory regime in the United States, its birthplace. Under the ‘take down’ law of that jurisdiction, it chooses to follow orders criminalising violations. Yet the same platform refuses to comply with take-down directions in this nation. This is sans countenance.”
Finally, Justice Nagaprasanna underlined that there cannot be unregulated freedom on social media, remarking,
“Social media as a modern amphitheatre of ideas cannot be left in a state of anarchic freedom.”
The judgment added that regulation of online content is important to ensure dignity and prevent crimes against women.
With X Corp deciding to challenge the ruling, the matter will now be placed before a Division Bench of the Karnataka High Court.
Case Title:
X Corp v. Union of India
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