‘Arbitrary Censorship’: Why Elon Musk’s X Challenged Blocking Of Content Under IT Act In Karnataka HC

Billionaire Elon Musk-owned social media platform X has approached the Karnataka High Court alleging arbitrary censorship practices to block content on the platform. X has filed a lawsuit against the Government of India over what it called "unlawful content regulation and violation" of the Supreme Court ruling. The platform has challenged the way the Centre used Section 79(3)(b) of the Information Technology Act (IT Act).

The lawsuit claimed that the Indian government is using the said sections of the IT Act to create a parallel content-blocking mechanism and is not abiding by the legal procedure outlined in section 69A to block the content online. The platform further claimed that the authorities' approach does not align with the Supreme Court ruling in Shreya Singhal case in 2015, which establishes that online content can only be removed through proper judicial process. The lawsuit asserted that the government is bypassing the detailed legal procedure of content removal laid down in section 69A of the IT Act.

Based on the IT Act, platforms like X can lose their legal protection, which is known as a safe harbour, if they do not remove or block content within 36 hours when directed by government authorities. Besides losing its safe harbour under section 79 of the Act, the platform could also be held accountable under various laws, including the Bharatiya Nyaya Sanhita (BNS).

Contesting the interpretation of section 79, X stated that the law doesn't grant government authority to block content without following due process and the government is using section 79 as a shortcut to block content online. Under Section 69A of the IT Act, the government has the power to block public access to digital content if it is deemed a threat to national security, sovereignty, or public order. However, this process is regulated by the 2009 Information Technology Rules, which require a structured review process before blocking decisions are made.

ALSO READ: Aaj Ka Panchang 21 March 2025: Check Today’s Sunrise, Moonrise Timings, Shubh Muhurat Rahu Kaal And More

In its legal challenge, the platform also registered its protest against the ‘Sahyog’ application.

Created by the Indian Cyber Crime Coordination Centre under the Ministry of Home Affairs, this platform was designed to streamline takedown requests under Section 79 and facilitate direct communication between social media platforms and law enforcement agencies.

However, 'X' has refused to onboard an employee onto the Sahyog portal, claiming it acts as a "censorship tool" that pressures platforms to remove content without proper legal review. The lawsuit argues that this is yet another attempt by the government to control online discourse without judicial oversight.

ALSO READ: Amaal Mallik’s Mother Responds After Singer Announces Family Split: ‘Whatever He Shared Is His Choice’

Justice M Nagaprasanna asked X to return to court if the government takes any serious action against the company at a hearing on March 17. The government of India said that it has not taken any action against the company for refusing to join the Sahyog Portal.