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Karnataka High Court rejects X Corp.’s plea against takedown orders
Karnataka High Court rejects X Corp.’s plea against takedown orders
Observing that “social media, as a modern amphitheatre of ideas, cannot be left in a state of anarchic freedom,” the High Court of Karnataka on Wednesday rejected the petition filed by micro-blogging platform X Corp. (formerly Twitter Inc.), which had challenged orders issued by Central and State authorities, under Section 79 of the Information Technology (IT) Act, to take down certain information on X.
Justice M. Nagaprasanna, while reading out the operative portions of the judgement, said: “Content on social media must be regulated, particularly in cases of offences against women, failing which the right to dignity of citizens is undermined.”
“Order is the architecture of our democracy. Every platform that seeks to operate within the jurisdiction of our nation must accept that liberty is yoked with responsibility, and the privilege of access carries with it the solemn duty of accountability,” the Court said.
Pointing out that information and communication, its spread or its speed, has never been left unchecked or unregulated but it has always been the subject matter of regulation, the court said, “As and when technology developed, from messengers to the postal age till the age of WhatsApp, Instagram and Snapchat, all have been regulated by regulatory regimes subsisting then and subsisting today, both globally and locally; and regulation of information in this domain is neither novel nor unique.”
Referring to laws in the U.S. on social media, the court said, “The United States of America regulates it, every sovereign nation regulates it, and India's result likewise cannot, by any stretch of constitutional imagination, be branded as unlawful. Unregulated speech under the guise of liberty becomes a licence for lawlessness.”
Also Read | ‘Supreme Court of Karnataka': To prove misuse, Centre opens fake account on X
Noting that X Corp is subjected to a regulatory regime in the U.S., which is the platform's birthplace , the court said that “under the Take It Down Act of the United States, it [X Corp] chooses to follow the said Act as it criminalises the violation of orders of take-down, but the same petitioner refuses to follow the same in the shores of this nation...”
Regulated speech preserves both liberty and order, the twin pillars upon which a democracy must stand, the court said, while emphasising that “no social media platform in the modern day agora may even feign the semblance of exemption from rigour or discipline of the laws of the land.”
“None may presume to treat the Indian marketplace as a mere playground where information can be disseminated in defiance of statutes or disregard to legality, and later adopting a posture of detachment or a hands-off,” Justice Nagaprasanna said.
Also Read | Elon Musk's X sues Union Government over alleged censorship and IT Act violations
On a challenge made to the “Sahyog portal”, which allows Central and State agencies, and the local police officers to issue take-down orders by invoking Section 79(3)(b) of the IT Act, the Court said that this portal “is an instrument of public good and stands as a beacon of cooperation between the citizen and the intermediary, a mechanism through which the state endeavours to combat the growing menace of cybercrime.”
The High Court also rejected X Corp's claim that orders issued under Section 79(3)(b) of IT Act are contrary to the Supreme Court's judgment in the Shreya Singhal case, in which the top court had upheld validity Section 69A (power to issue orders to block information) of the IT Act with multiple procedural safeguards.
The Centre had contended before the court that Section 79 of the IT Act is a suitably tailored regime, in line with global best practices, which seeks to balance the competing interests of the stakeholders involved, online content creators, intermediaries, and recipients, whilst balancing the legitimate State interests. The Centre had also claimed that X Corp was “seeking to obfuscate the issue by using wrong terminology to mislead the court by using terms “blocking orders” for “content removal requests/take-down notices” issued by the authorities.
Published - September 24, 2025 05:01 pm IST
Karnataka / technology (general)
Source: The Hindu
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