Prime Minister Narendra Modi-led central government has objected to the content censorship case filed by Elon Musk’s social media platform, X, before the Karnataka High Court.
In an affidavit submitted to the court, the government dismissed X’s concerns as "groundless" and called the language used in its petition "unfortunate and condemnable," according to Bar & Bench.
X is challenging the Union government’s new Sahyog portal, an online platform that enables government agencies to issue information-blocking orders. The platform argues that the system does not comply with the safeguards outlined in Section 69A of the Information Technology Act, 2000 (IT Act).
However, the government disputes X’s claim that Section 79 of the IT Act merely provides intermediaries with immunity from liability for third-party content and does not grant the government the authority to issue information-blocking orders outside the framework of Section 69A.
"It is submitted that the ostensible purpose of the present petition appears to be the blanket right to claim safe harbour protections without any responsibility on the intermediary itself. It is submitted that the same is fundamentally flawed and against the basic concept of safe harbour itself," the government said in its affidavit, as per the report.
It further argues that X, as a foreign entity, does not have fundamental rights under the Indian Constitution and can only claim statutory protections under Section 79 of the IT Act. It asserted that intermediaries have no legal standing to challenge information removal orders on behalf of users, as doing so could forfeit their safe harbour protection.
The affidavit also clarifies that this protection is conditional, requiring intermediaries to demonstrate due diligence, and is not an absolute or constitutional right under Article 19(1)(a).
X Asked to Remove Delhi Stampede Videos
The affidavit coincides with a statement from Railway Minister Ashwini Vaishnaw in the Rajya Sabha regarding order to X to take down videos related to the Delhi railway station stampede.
“The Ministry of Railways is one of the notified entities as an appropriate government body to issue notices under Section 79(3)(b) of the Information Technology Act, 2008. The Ministry of Railways notifies the relevant intermediaries of any information, data, or communication link that is being used to commit unlawful acts,” the minister said.
Vaishnaw also noted that intermediaries like X have obligations to prevent users from uploading unlawful content and are required to remove any "unlawful information."
Eighteen people, including 11 women and four children, died in the February 15 stampede. A high-level committee is investigating the incident. Later, the Railways Ministry reportedly issued a notice to X to remove 285 videos related to the tragedy.
