Bengaluru: Social media platform 'X', owned by US billionaire Elon Musk, has filed a lawsuit in the Karnataka High Court against the Government of India, contesting what it describes as unlawful content regulation and arbitrary censorship.

The company has raised concerns over the Centre’s interpretation of the Information Technology (IT) Act, particularly its application of Section 79(3)(b), which, according to 'X', contradicts Supreme Court rulings and undermines online free speech.

The lawsuit claims that the government is misusing this section to create an alternative content-blocking system that bypasses the structured legal framework outlined in Section 69A. 'X' argues that this approach violates the Supreme Court’s 2015 judgment in the Shreya Singhal case, which established that content removal must follow a proper judicial process or the legally mandated procedures under Section 69A.

The Ministry of Information and Broadcasting (I&B) asserts that Section 79(3)(b) requires online platforms to take down illegal content when instructed by a court or government order. Failure to comply within 36 hours could result in the platform losing its safe harbour protection under Section 79(1) and facing legal consequences under various laws, including the Indian Penal Code (IPC).

However, 'X' has challenged this interpretation, stating that the provision does not give the government unilateral authority to block content. The company has accused authorities of misapplying the law to impose arbitrary censorship without adhering to due process, reported PTI.

Under Section 69A of the IT Act, the government is authorised to restrict public access to digital content if it threatens national security, sovereignty, or public order. However, this mechanism is governed by the 2009 Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, which mandate a structured review process before any blocking decision is finalised.

According to 'X', instead of adhering to these prescribed procedures, the government is leveraging Section 79(3)(b) as a shortcut to remove content without the necessary oversight. The company contends that this practice undermines legal safeguards meant to prevent arbitrary censorship.

Another key issue raised in 'X’s' legal challenge is its objection to the government's Sahyog portal. Developed by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, the portal was designed to streamline takedown requests under Section 79(3)(b) and enhance coordination between social media platforms and law enforcement agencies.

However, 'X' has refused to appoint an employee to the Sahyog portal, arguing that it functions as a "censorship tool" that pressures platforms to remove content without proper legal scrutiny. The lawsuit asserts that this is yet another attempt by the government to regulate online discourse without judicial oversight.

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