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X Corp challenges govt’s content blocking power in Karnataka High Court
During the original hearing, the Union government, represented by Solicitor General Tushar Mehta, had argued that X Corp's refusal to join Sahyog was a "deliberate act" of non-cooperation that hindered efforts to address threats to "public order and national security."
X Corp (formerly Twitter) has filed an appeal before the Karnataka High Court, challenging a single judge’s ruling that upheld the Union government's authority to issue content-blocking directions via the Sahyog portal. This portal is used by the Centre to automate notices to intermediaries for the removal of unlawful online content.
The appeal, filed on November 14, seeks to overturn the September 24 judgment, which dismissed X Corp’s original petition questioning the scope of Section 79(3)(b) of the Information Technology (IT) Act, 2000. The appeal is pending numbering by the High Court registry before it is scheduled for a hearing before a division bench.
The Core Dispute: Section 79(3)(b) vs. Section 69A
In its original petition filed in March, challenging the mandatory direction for social media intermediaries to join Sahyog, X Corp had argued that central government officers lack independent statutory power to issue blocking orders under Section 79(3)(b) of the IT Act.
X Corp contended that such directions should only be issued under the detailed, procedural framework prescribed by Section 69A of the IT Act, read with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
However, on September 24, a single bench led by Justice M. Nagaprasanna rejected X Corp's argument, dismissing the plea and holding that the government's use of the Sahyog portal was legally valid and consistent with the IT Act's structure. Justice Nagaprasanna stated that content on social media required regulation and found "no merit" in the issues X Corp raised.
Government Warned of 'Safe Harbour' Loss
During the original hearing, the Union government, represented by Solicitor General Tushar Mehta, had argued that X Corp's refusal to join Sahyog was a "deliberate act" of non-cooperation that hindered efforts to address threats to "public order and national security."
SG Mehta also warned that X Corp’s non-compliance might lead to the social media platform losing its 'safe harbour' protection and potentially attracting prosecution under the IT Act.
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