Karnataka High Court Upholds Government's Power: X Corp's Challenge to Content Takedown Orders Rejected

In a significant ruling that reaffirms the Indian government's authority over digital content, the Karnataka High Court has once again rejected a petition filed by X Corp (formerly Twitter) challenging multiple content blocking orders. This decision, handed down by a division bench comprising Justice G Narendar and Justice Vijaykumar A Patil, upholds an earlier single-judge bench verdict, sending a clear message about compliance for social media platforms operating within India.

The legal battle began when the Union Ministry of Electronics and Information Technology (MeitY) issued several blocking orders against specific tweets and user accounts between February 2021 and February 2022.

These directives were issued under Section 69A of the Information Technology Act, 2000, a provision empowering the government to block public access to information in the interest of India's sovereignty, integrity, defense, security, friendly relations with foreign states, public order, or for preventing incitement to the commission of any cognizable offence.

X Corp had initially approached the High Court arguing that MeitY's orders were arbitrary, disproportionate, and lacked the specificity required by law.

The company contended that blocking entire accounts or specific posts without providing detailed reasons violated user rights to freedom of speech and expression, and also negatively impacted X's business operations. They sought a detailed review of these orders, emphasizing transparency and due process.

However, a single-judge bench had previously dismissed X's petition in June 2023, upholding the government’s power and even imposing a hefty fine of Rs 50 lakh on the social media giant for non-compliance and perceived non-cooperation.

This ruling stated that X, despite being a foreign entity, was obligated to respect and comply with Indian laws, and that the government’s orders were valid and within its legal purview.

Undeterred, X Corp filed an appeal before the division bench, reiterating their concerns about the scope and implementation of Section 69A.

They argued that the government failed to provide adequate notice to the original content creators, thereby infringing upon their right to be heard. Furthermore, X maintained that the orders were overbroad, affecting content that did not necessarily fall under the categories specified in Section 69A.

The division bench, after careful consideration, found no grounds to interfere with the single-judge's decision.

The court observed that the government’s orders were reasonable and issued after following due procedure. Importantly, the bench stated that X Corp failed to demonstrate any "malafide intention" on the part of the government in issuing these blocking orders. The judgment underscored that the platform had sufficient opportunity to respond and comply, and that the fine imposed was justified.

This latest ruling by the Karnataka High Court is a pivotal moment in India's digital regulatory landscape.

It reinforces the robust power of the Indian government to direct social media platforms to remove content deemed harmful or illegal, particularly in matters concerning national security and public order. For tech companies operating in India, the judgment reiterates the imperative to adhere to local laws and collaborate with authorities, even when faced with challenging content moderation decisions.

The ongoing saga between global tech giants and national governments over content regulation continues to evolve, with this verdict adding another strong precedent to India's stance.