An Indian court has dismissed a petition filed by Elon Musk’s platform X. The company argued that a government portal allowed officials broad powers to remove online content.
A single judge of the Karnataka High Court ruled that X’s challenge to the Sahyog portal was “without merit”. The full judgement has not yet been released.
X has not confirmed whether it will appeal.
Another major defeat for X
This marks the second significant legal setback for X in India in just over two years. The platform previously failed to overturn government orders to remove content. Experts warn the ruling could further restrict online free speech.
X has about 25 million users in India. Technology researcher Prateek Waghre described the ruling as “worrisome”. He said it legitimised government agencies issuing direct takedown orders to platforms. He added that the full impact will only be clear once the complete judgement is published.
X’s lawyers declined to comment. India’s home and information technology ministries have not issued statements.
Controversy over Sahyog
The case, filed in March, targeted Sahyog, a portal run by the federal home ministry. The system automates government notices to intermediaries such as X and Facebook.
Google, Amazon and Meta joined Sahyog after its launch last year. X refused. It described the portal as a “censorship tool” and said it bypassed safeguards such as hearings and reviews.
X argued the portal allowed “countless” officials, including thousands of police officers, to issue takedowns without oversight. In July, one of its lawyers said it let “every Tom, Dick, and Harry officer” demand removals. Government lawyers objected.
Platforms that fail to comply with orders within 36 hours risk losing safe harbour protections. Without these, companies can be held liable for user content.
Government defends the portal
Officials said Sahyog was necessary to manage rising levels of harmful online content. They stressed the portal only notifies platforms about unlawful material rather than blocking posts directly.
The Karnataka judge rejected X’s claims. He said social media could not exist in “a state of anarchic freedom”. He called regulation essential and described Sahyog as a “public good”.
He also noted that X complies with takedown rules in the United States. He questioned why the platform refused to follow similar rules in India.
International context
The court cited the Take It Down Act, passed in the United States earlier this year. The law bans sharing intimate images without consent and requires their removal within 48 hours. X has publicly supported the measure.
Digital rights experts warned that Sahyog had already caused “a wholesale increase in censorship”. Court filings revealed removal requests covering videos of a deadly crowd crush in Delhi and posts alleged to harm senior politicians’ reputations.
Ongoing fight for free speech
X remains the only major platform challenging India’s content-blocking system. Experts often describe the framework as opaque and arbitrary.
In 2022, before Musk acquired the company, X contested multiple takedown orders. The following year, the Karnataka High Court ruled against it and fined the platform 5 million rupees for delays in compliance.
That appeal remains pending. With this ruling, X faces another major hurdle in its ongoing struggle for digital free speech in India.
