X Corp has filed a writ appeal before the Karnataka High Court challenging a single-judge ruling that upheld the legality of the Centre’s Sahyog portal used for content takedown orders. The appeal, submitted on November 14, is awaiting listing before a Division Bench.
X Corp (formerly Twitter) filed a writ appeal with the Karnataka High Court, contesting a recent decision by a single-judge Bench that upheld the legality of the Central government’s Sahyog portal.
This online platform is utilized for issuing content takedown orders to intermediaries such as X.
The appeal was submitted on November 14 and is currently being reviewed by the Court’s registry. It is anticipated that the case will be presented before a Division Bench of the Karnataka High Court.
Earlier, On September 24, a single-judge Bench led by Justice M Nagaprasanna dismissed X Corp’s petition. Justice Nagaprasanna stated that X Corp cannot claim any infringement of free speech under Article 19 of the Constitution, as this right is reserved for Indian citizens only.
The Court 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 judgment also criticized X Corp for its refusal to adhere to Indian laws, remarking that while the platform is governed by regulatory frameworks in the United States, it chooses to comply with the take-down laws there but does not follow similar directives in India.
The single-judge pointed out,
“This is sans countenance,”
The Court emphasized that social media must not exist in a state of chaotic freedom.
Highlighting the necessity of content regulation to protect dignity and prevent offenses against women,the judgment added,
“Social media as a modern amphitheatre of ideas cannot be left in a state of anarchic freedom,”
Shortly after the ruling, X Corp announced its intention to appeal the single-judge decision.
In a tweet, the Global Government Affairs team expressed deep concern about the ruling, noting that it would enable numerous police officers to issue arbitrary takedown orders through a “secretive online portal.”
X Corp approached the Karnataka High Court after multiple orders were issued by the Ministry of Railways following posts about a stampede at New Delhi Railway Station.
The company argued that the Sahyog portal allows content blocking under Section 79(3)(b) of the IT Act, circumventing the due process mandated under Section 69A of the IT Act and the Supreme Court’s landmark judgment in Shreya Singhal v. Union of India.
X Corp sought a declaration that Section 79(3)(b) does not authorize content blocking, asserting that the portal has no statutory basis and bypasses procedural safeguards.
Case Title: X Corp v. Union of India