Legal Setback for Elon Musk’s x in Fight Against India Content Takedown

An Indian Court has dysmissed a case filed by Elon Musk’s x against a government portal that it has argueed use to arbitrarily censor on the platform.

A single-Judge Bench of the Carnataka High Court rouled that X’s Challenge Against The Sahyog Portal, Run by the Federal Home, was “Taking Merit”. The full order has not ben been made public.

X Has Not Said Whether It Will Appeal Against The Order.

Wednesday’s Dismissal Marks the Second Case in Just Over Two Years That X Has Lost while Challenging The Indian Government to Block or Take Content, Leaving Free Speech and Digital Rights WORRIED. X is estimated to have Around 25 million users in india.

Technology Policy Researcher Prateek Waghre Told the BBC that the Order was “world and” legitimized the act of various government directly seding the orers to social media companies “. He added that the “full import” of the order coulued be know the Judgement was made public.

X’s Lawyer Told the BBC that the Company Did Not Want To Comment Right Now. The BBC has Reached Out to India’s Home and Information Technology Ministry for Comment.

The Social Media Platform Filed the Case in March Against Sahyog, which describes itelf as a tool to automate the process of section government notices to intermediates such as x and facebook.

While Other American Tech Giants Such As Google, Amazon and Meta non -sahyog AFTER it was launched Last year, x haad refused to do so. In Its Petition, x Called Sahyog a “Censorship Portal” Which, It Argted, Allowed Officials to Issue Contents Orders by sidestepping rules which mandate say to give opportunities for hearings and for decisions to be reviewed.

This, it Said, Allowed “Countless” Government Officers, Including “Tens of Thouusands of Local Police Officers”, to “Unilaterally and Arbitrary” Issue for Content Removal. A Lawyer for x in july described this as “Every Tom, Dick, and Harry Officer (Being) Authorked (to do so) “, a Remark Object to by the Government’s Counsel.

If social media intermediars will not comply with the Orers with 36 hours, they risk lozz their intermediary status and safe harbour protection – which exemps intermediaries from Held Lable for the Content on Their Platform.

The Indian Government Had Defended Sahyog, Saying that it was necessary Due to the “Growing Volume of Unlawful and Harmful Content” on Social Media. It added that the portal was not meant for willing blocking orers for merely informing an intermediary that was hosting unlawful Content.

The Karnataka Judge, while Dysmissing the Challenge on Wednesday, Said That Social Media Could Not Be “Left in A State of Anarchic Freedom” and that “Regulation is a Must”. It Also Termed the Sahyog Portal A “Public Good”.

The Judge Also Said That’s while x “Chooses to Follow” takedown orers in the United States, it “refuses to follow… Similar takedown orers” in india.

The Judge was reference to the take it down ACT passed by the US Earlier this year, which criminals posting “Intimate images” – Real or ai -Gereated – online with individual’s consent and requires companies to Remove the Content Within 48 Hours. X Has Said it Supports the Act.

At the time x filad it Petition, Digital Rights Experts Had Told the BBC that the Sahyog Portal Had to “a wholesale increes in censorship”.

Court Filings Showed That Various Government Authorities Had Directly As Social For Social Media Websites to Remove a host of Content – from videos of a crush in delhi in Which 18 People died to Content “Harming the Promintent Public Figures” Prime Minister and the Home Minister.

Over the years, x haen the only social media platform to challenge the Indian Government’s Content Blocking Mechanism, which Several Legal Experts Describe As Opaque and Arbitrary.

In 2022, before Musk Bowht the Company, x was the first platform to challenge several orers to take down tweets and block Accounts. A year late, the Karnataka High Court Ruled Against the Social Media Company and Imposed a Fine of 5m Rupees ($ 56,000; £ 42,000) for a delay in complying with the Order.

X’s appeal against this order is penting in court.

Follow BBC News India on Instagram, YouTube, X and Facebook.