X, the social media platform formerly known as Twitter, has sued the Indian government. It challenges the legality of the Sahyog portal, maintaining that it is unconstitutional because it broadens government censorship authority. In the southern state of Karnataka, an important case has been filed. It claims that the MeitY portal empowers officials to unilaterally issue blocking orders in contravention of India’s digital laws.
The Sahyog portal, launched by the federal home ministry last year, has been criticized by X for granting “countless” government officials, including “tens of thousands of local police officers,” the authority to unilaterally issue content removal orders. X claims that this has caused a “wholesale increase in censorship” on its platform.
In its complaint, X contends that the Indian government is abusing the law. It looks closely at posts that would be politically sensitive to censor, to selectively censor politically-sensitive content. The business is concerned that the Sahyog portal is being weaponized. They argue that it would chill free speech and limit the distribution of information.
Yet X has had a tumultuous time in India, with some high-profile events creating a perfect storm. In 2021, Delhi police stormed its offices after a ruling party spokesperson’s tweet was labelled as “manipulated media.” The incident serves as a further signal of longstanding tensions between X and the Indian government over content moderation and digital rights issues.
Apar Gupta, an executive director of the leading digital rights group Internet Freedom Foundation, called this case crucial. He declared that it is “a blanket boost to censorship,” pointing to the much larger consequences for India’s digital rights hidden within the bill.
In defense of the Sahyog platform, the Indian government has labeled it a “necessity” due to the “growing volume of unlawful and harmful content online.” This assertion underscores the government’s position that such measures are essential for maintaining public order and ensuring safety on digital platforms.
The battle goes well past X. Popular American technology companies such as Amazon, Google and Meta have already decided to abide by the Sahyog requirements. Their participation raises a host of critical questions. It raises troubling questions about the acceptable balance between government regulation and freedom of expression in an increasingly digital India.
X had taken the Indian government to court in 2022 over similar blocking orders. Unfortunately for X’s lawsuit, it did not end well. The court ruled in favor of the organization and ordered the company to pay a large penalty of 5 million rupees (approximately $58,000 or £45,000).
The current lawsuit reflects X’s ongoing struggle to navigate India’s complex regulatory framework while advocating for a more open and less restrictive online environment. X has submitted a new, much-shorter document to clarify where it stands. It’s deeply skeptical of the way the federal government is overreaching in the digital communications space.
This legal battle is still ongoing and almost certainly will attract major public interest. National and international observers with an interest in digital rights and free speech are watching it closely. This case is tremendously impactful. Beyond that, it could establish deeply significant precedents for how governments should interact with social media platforms and regulate content online.