X Corp (formerly Twitter) is set move an appeal against the Karnataka High Court's recent decision to uphold the legality of the Central government’s Sahyog portal - an online platform used to issue content takedown orders to online intermediaries like X [X Corp v. Union of India].
In a tweet, Global Government Affairs team of the social media platform said that the company was deeply concerned with the ruling of Justice M Nagaprasanna as it it would "allow millions of police officers to issue arbitrary takedown orders through the "secretive online portal".
This new regime has no basis in the law, circumvents Section 69A of the Information Technology Act, violates Supreme Court rulings, and infringes Indian citizens’ constitutional rights to freedom of speech and expression, X said.
"The Sahyog enables officers to order content removal based solely on allegations of “illegality,” without judicial review or due process for the speakers, and threatens platforms with criminal liability for non-compliance," it added.
X further said that though it respects and complies with Indian law, but the High Court order fails to address the core constitutional issues and is inconsistent with the Bombay High Court's recent ruling that a similar regime was unconstitutional.
"We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad—X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform. We will appeal this order to defend free expression," it announced.
X Corp had moved the Court contending that the Sahyog portal enables blocking orders to be issued under Section 79(3)(b) of the Information Technology Act, 2000 (IT Act), thereby circumventing the due process mandated under Section 69A of the IT Act and the Shreya Singhal ruling.
The petition was filed following multiple takedown orders issued by the Ministry of Railways after posts about a recent stampede at New Delhi Railway Station. X sought a declaration that Section 79(3)(b) of the IT Act does not authorise content blocking.
However, Justice M Nagaprasanna on September 24 opined that X Corp cannot claim violation of free speech under Article 19 of the Constitution since the same is available only to citizens.
"Article 19 is luminous in its promise but remains a charter of rights conferred upon citizens only. A petitioner who is not a citizen cannot claim sanctuary under it," the Court said.
It also took exception to the conduct of X Corp in refusing to comply with the laws in India.
"The petitioner’s platform is subject to a regulatory regime in the United States, its birthplace. Under the ‘take down’ law of that jurisdiction, it chooses to follow orders criminalising violations. Yet the same platform refuses to comply with take-down directions in this nation. This is sans countenance,” the single-judge said.
The Court also commented that the social media cannot be left in a state of anarchic freedom.
"Social media as a modern amphitheatre of ideas cannot be left in a state of anarchic freedom,” the judgment said, adding that regulation of content was essential to safeguard dignity and prevent offences against women.
X Corp's proposed appeal will be heard by a Division Bench at the same High Court.