Key points
- Indian High Court dismissed X’s challenge against India’s content removal mechanism.
- The court stated that platforms operating in India must adhere to local laws and be held accountable.
- X argued the mechanism amounted to unconstitutional censorship.
- The Indian government defended the system, citing a need to combat unlawful online content.
An Indian High Court has rejected X’s (formerly Twitter) legal challenge to India’s content removal mechanism, ruling that the platform must comply with local laws and accept its responsibility in curbing harmful content. The lawsuit, filed by X, argued that the mechanism constituted censorship and was unconstitutional.
This decision follows months of legal battles between X and the Indian government, highlighting the ongoing tension between free speech and online regulation.
X, owned by Elon Musk, a self-proclaimed free-speech absolutist, has previously clashed with governments worldwide over content takedown requests. However, this Indian case specifically targeted the broader framework of India’s strengthened internet regulations.
The government, under Prime Minister Narendra Modi, implemented new measures in 2023, empowering a wider range of officials to directly issue takedown orders to tech companies via a dedicated government website.
In his ruling, Judge M Nagaprasanna emphasized that the freedom of platforms to operate within India’s jurisdiction comes with the responsibility to comply with its laws. He dismissed X’s claims of censorship, highlighting the need for accountability from social media companies operating within the country’s borders.
The government argued that the new system is crucial for addressing the proliferation of unlawful content, including hate speech and fake news, which they claim pose threats to social harmony and public order.
While X has not yet publicly responded to the ruling, the company retains the right to appeal the decision to the Supreme Court of India. The outcome of this case will have significant implications for other social media platforms operating in India. It will likely set a precedent for the balance between free speech and content moderation in a rapidly evolving digital landscape.
