X, the social media platform owned by Elon Musk, is in a legal confrontation with the Indian government over the censorship of illegal content from the Narendra Modi administration.
MAIN CONTENT
X opposes the government's extended censorship rights through the new Sahyog portal.
The legal situation surrounding the interpretation of Article 79(3)(b) of the Information Technology Act and the right to free expression.
Why does X oppose social media censorship in India?
X's legal representative in India, K.G. Raghavan, asserts that the government's extension of content censorship through the Sahyog portal is illegal, posing an undue risk to free expression.
“The danger is that any official can order content removal without strict oversight.”
K.G. Raghavan, X's legal representative, trial in Karnataka, 2024
Sahyog – an information portal operated by the Ministry of Home Affairs of India since 2024 – allows various government agencies to order the removal of content on digital platforms. The government denies that it is a censorship tool, claiming they only send notifications about compliance obligations.
The Indian government stated: “No platform can operate completely freely without oversight; this regulation is meant to protect social security and order.”
How does X view the Information Technology Act and content censorship regulations?
X argues that the current application of Article 79(3)(b) of the Information Technology Act violates the Supreme Court of India's ruling in 2015 and severely restricts users' freedom to express opinions.
“Only the judicial process or the provisions of Article 69A are permitted to block content; temporary or independent methods cannot be used.”
Supreme Court of India ruling, Shreya Singhal, 2015
Article 79(3)(b) requires platforms to remove infringing content upon directive from the court or government notification – currently sent via the Sahyog portal. Failure to comply within 36 hours results in the loss of liability immunity for the platform.
X accuses Article 79(3)(b) of being misinterpreted and misapplied by the Indian authorities, turning it into a censorship tool alongside the official legal conditions.
What is the impact of the lawsuit on the market and social media platforms in India?
The lawsuit shows no signs of resolution, indicating that the power and policy conflict between X and the government remains tense in the near future.
If X wins the lawsuit, the government's ability to arbitrarily demand content removal will be significantly restricted, paving the way for other platforms to resolutely protect users and the right to free expression.
In contrast, the government is predicted to continue robustly defending its content management rights to maintain national security and social order.
Practical examples of social media censorship disputes
In 2024, the Sahyog portal recorded over 200,000 content removal orders from various agencies according to a report by the Ministry of Home Affairs of India, placing significant pressure on platforms like X, which only have 36 hours to comply.
Statement from government representatives
“Authorized officials are all legal personnel, not arbitrary individuals, in order to ensure that the censorship process adheres to regulations and ensures digital security.”
Tushar Mehta, Attorney General of India, Karnataka trial, 2024
Frequently Asked Questions
What does Article 79(3)(b) stipulate in the Indian Information Technology Act?
This requires online platforms to remove infringing content upon court order or government notification and must comply within 36 hours to retain liability immunity.
Based on Indian legal regulations, in 2024.Why does X oppose the Sahyog portal?
X argues that Sahyog allows various agencies to arbitrarily order content removal without strict judicial oversight, posing a risk of arbitrary censorship.
X's attorney, K.G. Raghavan, 2024What does the Indian government assert about censorship rights?
The government emphasizes that officials are authorized personnel and that censorship is aimed at protecting national security and social order, not arbitrary censorship.
Tushar Mehta, 2024How does the lawsuit affect other social media platforms?
If X wins, many platforms may confidently protect freedom of expression and limit arbitrary censorship in India.
Social media law expert, 2024What functions does the Sahyog portal have?
This is a government portal for reporting requests related to compliance obligations and removing infringing content as per the law, but X claims it is an extended censorship tool.
Ministry of Home Affairs of India, 2024
Source: https://tintucbitcoin.com/x-cua-musk-kien-an-do-lam-quyen-quan-ly/
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