Elon Musk’s social media platform X announced its intention to appeal a ruling from the Karnataka High Court that upheld India’s expanded online content removal system, which includes the controversial Sahyog portal. This legal challenge aims to defend the principle of free expression amid concerns regarding the portal’s implications for users and tech companies alike.
For instance, in 2023, the government added the Sahyog portal. It further empowers India’s over two million police officers to call tech companies to take down content based on the mere allegation that it is illegal. Critics, including X, argue that this mechanism lacks judicial review or due process, posing a significant threat to free expression.
X expressed its issues with the Sahyog portal in a public statement released on its platform. The company emphasized that the system enables law enforcement to operate without proper regulatory oversight, stating, “We will appeal this order to defend free expression.”
The Karnataka High Court’s ruling affirms the government’s justification for the Sahyog portal as a necessary tool to control unlawful content and protect users. Justice M. Nagaprasanna underlined the absolute need for regulation to avoid commission of the most heinous crimes against women. He highlighted the threats that unregulated platforms can pose. He remarked, “cannot be allowed to work unregulated in India.”
Despite acknowledging the need for lawful content management, X maintains that the High Court’s order fails to address core constitutional issues surrounding free speech. The company, incorporated in the United States, insists it respects and complies with Indian law while advocating against measures they perceive as infringing on fundamental rights.
Further complicating this legal landscape, the Bombay High Court previously found a similar system unconstitutional, raising questions about the balance between law enforcement and individual rights. X is preparing to appeal the Karnataka High Court decision. This result has the potential to be an important precedent for online expression in India going forward.
