• Source:JND
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Social media platform X (formally known as Twitter) said on Monday that it plans to challenge a Karnataka High Court ruling that upheld the government’s content takedown framework, cautioning that the system could allow millions of police officers nationwide to issue arbitrary content removal orders.

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In a post on the platform, X described the ruling as “deeply concerning,” adding that it would defend free expression in India. “This new regime has no basis in the law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression,” the company said.

The development follows the Karnataka High Court’s dismissal of X Corp’s petitions challenging the Union government’s Sahyog portal and related notifications that facilitate content blocking. The court emphasized that regulating social media is “the need of the hour” and ruled that platforms cannot operate in India without oversight. Justice M. Nagaprasanna further clarified that foreign companies cannot claim protections under Article 19 of the Indian Constitution, which guarantees freedom of speech to Indian citizens.

“A company which is faceless in India, cannot challenge any of the statutes of the nation under the umbrage of Article 19. Its presence is not there. It cannot raise a challenge to the statutes regulating social media," the court ruled.

The post added that the core of the dispute is Sahyog, an online portal enabling police officials to issue takedown orders on grounds of “illegality” without judicial oversight or prior notice to the affected users. X contended that this system exposes platforms to criminal liability for non-compliance and erodes basic due process protections.

Platform X said its respect for and compliance with Indian law, but notes that the recent order does not address the fundamental constitutional issues raised in its challenge. The company points out that the order is inconsistent with a recent Bombay High Court ruling, which found a similar regime unconstitutional. 

They disagree with the notion that its foreign incorporation prevents it from raising these concerns, highlighting its significant contribution to public discourse in India and the central role of its users’ voices on the platform. The company has stated it will appeal the order to uphold and defend free expression.

“X respects and complies with Indian law, but this order fails to address the core constitutional issues in our challenge and is inconsistent with the Bombay High Court's recent ruling that a similar regime was unconstitutional. 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.” 

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Since 2023, Prime Minister Narendra Modi’s government has intensified oversight of online platforms, allowing a broader range of officials to issue takedown requests directly through the Sahyog portal, which was launched in October.