The BRICS TimesThe Karnataka High Court backed the government’s Sahyog Portal, allowing police to issue takedown requests, dismissing X’s objections.
X Voices Strong Concerns Over Karnataka HC Ruling
Social media giant X (formerly Twitter) has raised “serious concerns” over the Karnataka High Court’s September 24 decision supporting the government’s Sahyog Portal. The platform called the verdict a setback for free expression in India and confirmed plans to legally challenge the order.
Through its global government affairs handle, X stated it was “deeply concerned” about the ruling, which rejected its plea against the portal. The company criticized the Sahyog Portal system, claiming it “enables countless police officers to issue arbitrary takedown notices” via a “secret online portal” without any judicial review or due process.
X argued that the decision “lacks legal grounding, bypasses Section 69A of the IT Act, contravenes Supreme Court precedents, and violates Indian citizens’ constitutional right to free speech.”
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Sahyog Portal Seen as Bypassing Legal Safeguards
A central point in X’s petition is that the Sahyog Portal circumvents the protections under Section 69A of the IT Act. Section 69A allows the government to block content on specific grounds, like national security or public order, and requires a structured process involving a review committee, written orders, and hearings. X claims the portal allows police to issue takedown requests under Section 79(3)(b) without these safeguards, creating a “parallel blocking authority” outside the law.
Karnataka HC Rules Sahyog Portal Benefits Public
On September 24, the Karnataka High Court dismissed X Corp’s challenge, stating social media content “cannot be left unregulated in the name of free speech.” Justice M Nagaprasanna called the portal an “instrument of public good” and “a model of cooperation” between citizens and platforms to tackle cybercrime.
“Sahyog Portal, far from being unconstitutional, is an instrument of public good, conceived under Section 79(3)(b) of the IT Act and Rule 3(d) of the 2021 Rules,” the judgment noted.
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Court Notes X’s Foreign Status
Regarding X’s foreign incorporation, the court highlighted that Article 19(1)(a) applies only to Indian citizens, not corporations based overseas, like X, which is incorporated in Nevada and headquartered in San Francisco. X responded that this ruling unfairly disregards its role in India’s public discourse.
The court also dismissed X’s reliance on the Supreme Court’s Shreya Singhal case, noting it was decided under older IT rules and does not apply to the 2021 framework. The ruling validates Sahyog Portal’s legitimacy, which 38 intermediaries, including Google, Microsoft, Amazon, and Telegram, have already joined, leaving X among the last major companies resisting compliance.
X Vows to Appeal for Free Expression
While the government defended the portal as necessary for prompt removal of harmful content, X said the system compels platforms to act on mere allegations of illegality under threat of criminal liability. The company reiterated its intent to appeal the Karnataka HC decision “to safeguard freedom of expression in India.”
