Social media platform X (formerly Twitter) has announced its decision to appeal the Karnataka High Court's verdict dismissing its petition. The petition challenged the authority of government officials to issue content takedown orders under India's Information Technology (IT) Act.
The High Court had dismissed X Corp's challenge on Wednesday, affirming the government's authority and stressing the need to regulate social media, particularly in cases involving offenses against women. The court stated that the Indian marketplace cannot be presumed to be a mere "playground where information can be disseminated in defiance of statutes or disregard to legality."
X’s grounds for appeal: Freedom of Speech and 'Sahyog'
Elon Musk-owned X stated through its official handle that it will appeal the order to "defend free expression". X asserts that orders issued by police officers to arbitrarily take down content via a "secretive online portal called the Sahyog" violate the constitutional rights of Indian citizens to freedom of speech and expression.
The company issued the following statement:
"X respects and complies with Indian law, but this order fails to address the core constitutional issues in our challenge and is inconsistent with the Bombay High Court's recent ruling that a similar regime was unconstitutional".
X also voiced its deep concern regarding the implications of the Karnataka court's order:
"This new regime has no basis in the law, circumvents Section 69A of the IT Act, violates Supreme Court rulings, and infringes Indian citizens' constitutional rights to freedom of speech and expression".
The platform argues that the Sahyog portal enables officers to demand content removal based solely on allegations of "illegality," without providing judicial review or due process for the speakers. Furthermore, it threatens social media platforms with criminal liability for non-compliance.
X concluded by addressing the court's stance on its foreign incorporation: "We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad—X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform. We will appeal this order to defend free expression".
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