Karnataka High Court dismisses X Corp’s challenge to the Sahyog portal, emphasizing that social media must follow Indian laws and adhere to regulatory guidelines for content moderation.
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Bengaluru: The Karnataka High Court on Wednesday dismissed a petition filed by X Corp (formerly Twitter) challenging the legality of the Central government’s ‘Sahyog’ portal, a platform designed to issue content takedown orders to intermediaries.
Court’s Observations
Justice M Nagaprasanna emphasized the role of the Sahyog portal, stating:
“The petitioner who seeks sanctuary must be a citizen of the nation. Sahyog portal stands as a beacon of cooperation between citizen and intermediary. Hence the challenge is without merit.”
The Court further noted:
“Social media cannot be left in the state of anarchic freedom. Every sovereign nation regulates social media. No social media platform can treat Indian marketplace as a mere playground. In light of the observations, the content of social media needs to be regulated.”
The judgment reflects the Court’s commitment to ensuring accountability and regulatory oversight in the digital space while safeguarding citizens’ rights.
Background of the Case
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.
Legal Arguments
X Corp’s Counsel:
Senior Advocate KG Raghavan highlighted that the portal undermines procedural due process, while Senior Advocate Aditya Sondhi, representing Digipub (a consortium of digital news portals), stressed the need for a statutory authority.
Government’s Standpoint:
Led by Solicitor General Tushar Mehta, the government contended that the Sahyog portal is a streamlined mechanism to act swiftly against illegal online content. It also argued that X Corp, being a foreign company, cannot claim fundamental rights under Articles 14, 19, and 21 of the Indian Constitution.
Case Title:
X Corp v. Union of India
WP 13710/2022
Read Order: