India has dealt X, the social media platform formerly known as Twitter, its biggest legal blow yet. It is taking on the government’s content blocking mechanisms, directly challenging their use through advocacy and litigation. X is reported to have about 25 million users in the nation. This hefty footprint means it is shaping the national conversation on free speech and data privacy rights.
In 2022, X famously protested against multiple Indian government orders. They didn’t budge when pressured to remove tweets or block the offending accounts. When the Indian government’s Sahyog portal was introduced, X decided to challenge this through a case filed in March. American tech giants like Google, Amazon, and Meta have fully accommodated these directives. Elon Musk’s company claimed the portal was simply being used as a “censorship machine.”
Last week, the Karnataka High Court issued a scathing judgement against X, calling the Sahyog portal a “public good.” This ruling has sent shockwaves of concern through the free speech community and digital rights experts. If X fails to respond to government requests within 36 hours, it loses its designation as an intermediary and safe harbor protections.
In July, a lawyer representing X criticized the Indian government’s approach, claiming that it legitimized “the act of various government agencies directly sending takedown orders to social media companies.” Digital rights advocates expressed their alarm. They cautioned that this would open the floodgates to more extreme censorship, endangering free expression across India.
X has recently been penalized by 5 million rupees (around $56,000) for failing to comply in a timely manner with a government decree. As a result, they are still publicly against the Indian government’s content restrictions. The company has labeled these mechanisms as opaque and arbitrary, adding another layer to its ongoing battle to operate in India.
“X chooses to follow takedown orders in the United States but refuses to follow similar takedown orders in India.” – X’s lawyer
The conflict between X and the Indian government is escalating. Elon Musk’s Tesla and Starlink are particular flavor-of-the-month investments into what’s being developed on the subcontinent. X has a history of actively resisting governmental directives. This fundamental struggle is emblematic of the ongoing battle for digital rights and free speech in the world’s largest democracy.
The stakes of this legal fight go well beyond X’s platform. Digital rights experts have raised the alarms on Digital India’s long new shadow, and what this portends for other social media companies that set up shop in India. The court’s decision could set a precedent that would allow more government intervention in content moderation practices across various platforms.
“This situation could lead to countless local police officers having the authority to dictate what content remains online.” – source not explicitly mentioned
X’s resistance comes from its foundational principle of opposing government censorship dating back well before the Musk takeover. The platform’s ongoing legal fights are illustrative of an emerging tension between Big Tech and the states’ ability to regulate what occurs in the public square.
As X navigates these challenges, it remains to be seen how its strategies will evolve in response to the Indian government’s regulatory framework. X’s unique position in the market and its massive user base means it stands out. It’s at the heart of the national debate on freedom of expression and digital governance.