X files lawsuit against India over 'censorship' under IT Act, Sahyog portal

Tech entrepreneur Elon Musk-owned X has filed a writ petition in the Bengaluru Bench of the Karnataka High Court, challenging the Indian government’s use of Section 79(3)(b) of the IT Act and the Sahyog Portal.

The petition argues that these measures establish an unlawful and unregulated censorship mechanism that bypasses statutory safeguards.

Advocate Manu Prabhakar Kulkarni is representing X, with Justice M. Nagaprasanna presiding over the single bench. The case was adjourned on March 17, with the next hearing scheduled for March 27.

This comes at a time when the Centre has sought an explanation from X to clarify responses generated by its AI chatbot, Grok.

This is, however, not X Corp's first legal action against the Indian government. In 2022, the company challenged takedown orders issued under Section 69A, arguing that the government's directives were opaque and violated free speech protections.

What issues has X raised?

X Corp claims that the government is misinterpreting Section 79(3)(b) to issue takedown orders that bypass the procedures outlined in Section 69A, while ignoring procedural safeguards such as documenting reasons in writing, offering a pre-decisional hearing, and allowing for legal challenges. The petition states that the Supreme Court has recognised Section 69A as the sole valid legal framework for blocking online content (Shreya Singhal v. Union of India, 2015).

A key issue raised by X is its concerns with the Sahyog Portal, an online system managed by the Ministry of Home Affairs (MHA). X alleges that the portal allows state police and government departments to issue takedown requests directly, bypassing the procedural safeguards outlined in Section 69A. These safeguards include pre-decisional hearings, written justifications, and the right to challenge blocking orders—protections that X argues are absent in the government’s current approach. X argues that the portal creates a parallel censorship framework, enabling thousands of officials to order content removals without transparency or oversight.

This comes when the Centre is pushing social media platforms to integrate with Sahyog for direct CSAM reporting to local authorities. The 2024 Supreme Court ruling requires platforms to report CSAM to both the National Centre for Missing & Exploited Children (NCMEC) and Indian law enforcement under the POCSO Act, creating legal tensions for US-based platforms.

While Fortune India has accessed the writ petition filed by X on March 5, as uploaded on the state high court website, the other annexures attached to the petition have yet to be independently reviewed by Fortune India.

What has X requested?

As per the state’s high court records, X Corp has requested the court to issue an interim order restraining the Centre from taking any coercive or prejudicial action against the company regarding information blocking orders or its non-participation in the Sahyog Portal, unless they comply with Section 69A of the IT Act and the blocking rules. This request is pending the final adjudication of the writ petition.