Elon Musk's X Sues Modi Govt Over Its Power to Block Online Content

Elon Musk-owned X has sued the Union government over its use of Section 79(3)(b) of the Information Technology (IT) Act to block content. The social media platform has reportedly claimed that Section 79(3)(b) and the new Sahyog Portal create an unlawful and unregulated censorship system, harming its ability to operate in the country.

The lawsuit has been filed in the Karnataka High Court, as per a report by Moneycontrol. A hearing in the case was held on March 17, during which the judge asked X if the government had taken any “precipitative action” against it. Musk's company said that so far, no punitive measures had been taken against them.

The case comes after X claimed last year that Prime Minister Narendra Modi's government had asked it to take down accounts and posts related to farmers' protests.

What is Section 79(3)(b) and the Sahyog Portal?

Under Section 79(3)(b) of the IT Act, intermediaries must remove unlawful content if notified via a court order or government directive. Failure to act within 36 hours results in the loss of safe harbour protection under Section 79(1), exposing them to legal liability under the Indian Penal Code (IPC), as per a November 3, 2023, order from the Ministry of Information and Broadcasting.

The Indian government is also asking social media platforms to integrate with Sahyog, a new portal for direct CSAM reporting to local authorities.

What X Corp's Case Is About

As per the MC report, X’s petition contends that the government is misinterpreting Section 79(3)(b) to issue takedown orders without following the legally mandated Section 69A framework of the Supreme Court in Shreya Singhal vs Union of India (2015). The ruling laid down requirements such as pre-decisional hearings, written justifications, and the ability to challenge blocking orders.

X says none of these safeguards are present in the government’s current approach.

It also argues that Section 79(3)(b) was meant as a safe harbour provision for intermediaries, not a censorship tool. Further, the petition states that the government’s actions infringe on Article 14 (equality) and Article 19(1)(a) (freedom of speech).

X Corp has urged the court to rule that Section 79(3)(b) does not empower the government to issue blocking orders and to invalidate all takedown requests made under it. The company also seeks to halt enforcement of orders from the Sahyog Portal until a final decision is reached and to reaffirm Section 69A as the only legal framework for blocking online content.