An Indian court has rejected a petition filed by Elon Musk’s platform X. The company argued that a government portal gave officials broad powers to censor content.
A single judge of the Karnataka High Court ruled that X’s challenge to the Sahyog portal was “without merit”. The full judgement has not yet been released.
X has not said whether it will appeal.
Another setback for X
This marks the second major courtroom defeat for X in India in just over two years. The platform had previously failed to challenge government orders to remove content. Experts warn the ruling could further restrict online free speech.
X has around 25 million users in India. Technology researcher Prateek Waghre described the ruling as “worrisome”. He said it legitimised government agencies sending direct takedown orders to social media platforms. He added that the full impact will only be known once the complete judgement is published.
X’s lawyers declined to comment. India’s home and information technology ministries have not responded.
The controversy over Sahyog
The case, filed in March, targeted Sahyog, a portal run by the federal home ministry. The system automates government notices to intermediaries like X and Facebook.
Google, Amazon and Meta joined Sahyog after its launch last year. X refused. The company called it a “censorship tool” and said it bypassed safeguards such as hearings and reviews.
X claimed the portal allowed “countless” officials, including thousands of police officers, to issue takedowns without oversight. In July, one of its lawyers said it let “every Tom, Dick, and Harry officer” demand removals. Government lawyers objected to the statement.
Platforms that ignore orders for more than 36 hours risk losing safe harbour protections. Without them, companies can be held responsible for user content.
Government defends the portal
Officials said Sahyog was essential to handle rising volumes of harmful online content. They said the portal only notified companies of unlawful material and did not block posts directly.
The Karnataka judge dismissed X’s claims. He said social media could not exist in “a state of anarchic freedom”. He called regulation necessary and described Sahyog as a “public good”.
The judge also noted that X follows takedown laws in the United States. He asked why the platform refused to comply with similar rules in India.
International legal context
The court cited the Take It Down Act, passed in the United States earlier this year. The law bans sharing intimate images without consent and requires their removal within 48 hours. X has publicly supported the law.
Digital rights experts warned that Sahyog had already caused “a wholesale increase in censorship”. Court filings revealed removal requests covering videos of a deadly crush in Delhi and posts accused of harming the reputation of senior politicians.
Ongoing legal battle
X remains the only major platform challenging India’s content-blocking system. Experts often describe the framework as opaque and arbitrary.
In 2022, before Musk acquired the company, X contested multiple takedown orders. The following year, the Karnataka High Court ruled against it and fined the platform 5 million rupees for delays in compliance.
That appeal remains pending. With this latest ruling, X faces another significant hurdle in its ongoing fight for digital free speech in India.
