Elon Musk's X Faces Legal Hurdle in India's Free Speech Showdown

An Indian court has recently dismissed a case brought by Elon Musk's social media company X, which challenged the government's use of a portal called Sahyog to block or remove content from the platform. X argued that Sahyog was being used to censor posts unfairly and without proper review, but the Karnataka High Court ruled that X's challenge was 'without merit. ' The full details of the court's decision have not yet been released, and X has not announced whether it will appeal. This marks another defeat for X in its ongoing battle with the Indian government over content regulation, raising concerns among free speech and digital rights advocates. X is estimated to have around 25 million users in India, making this issue significant for many people.

Technology policy researcher Prateek Waghre told the BBC that the court's decision is troubling because it legitimizes the practice of government agencies sending takedown orders directly to social media companies. He believes the true impact of the ruling will only be clear once the full judgment is made public. X's lawyer declined to comment on the case, and the BBC has reached out to India's home and information technology ministries for their responses.

The case began in March when X filed a petition against Sahyog, a government tool designed to automate the process of sending notices to social media platforms like X and Facebook. While other major American tech companies such as Google, Amazon, and Meta joined Sahyog after its launch, X refused to participate. In its petition, X described Sahyog as a 'censorship portal' that allows officials to issue takedown orders without following rules that require hearings and opportunities for review. X argued that this system enables countless government officers, including local police, to order content removal arbitrarily. If social media companies do not comply with these orders within 36 hours, they risk losing their intermediary status and legal protection from being held responsible for user content.

The Indian government defended Sahyog, saying it is necessary due to the increasing amount of unlawful and harmful content on social media. Officials stated that Sahyog is not intended for issuing blocking orders but simply for notifying companies that they are hosting illegal content. The court agreed with the government, stating that social media cannot be left without regulation and that Sahyog serves the public good. The judge also pointed out that X follows takedown orders in the United States but refuses to do so in India, referencing a recent US law that requires companies to remove certain images within 48 hours.

When X filed its petition, digital rights experts noted that Sahyog had led to a surge in government requests for content removal. Court documents revealed that authorities had asked social media platforms to take down a wide range of content, from videos of tragic events to posts allegedly harming the reputations of prominent public figures. Over the years, X has been the only major platform to challenge the Indian government's content blocking mechanisms, which many legal experts consider opaque and arbitrary. In 2022, before Elon Musk acquired X, the company was the first to contest several orders to remove tweets and block accounts. The Karnataka High Court later ruled against X and imposed a fine for delaying compliance, and X's appeal against that fine is still pending.

This ongoing conflict highlights the tension between government regulation and free speech on social media. While some believe strict rules are necessary to protect users from harmful content, others worry that such regulations can be used to suppress dissent and limit freedom of expression. The outcome of this case could have lasting effects on how social media is governed in India and possibly influence similar debates in other countries.