An Indian court has dismissed a petition filed by Elon Musk’s platform X. The company argued that a government portal allowed officials to censor content without oversight.
A single judge of the Karnataka High Court ruled that X’s challenge to the Sahyog portal was “without merit”. The full judgement has not yet been released.
X has not confirmed whether it will appeal the decision.
X faces repeated legal setbacks
This ruling marks the second major defeat for X in India in just over two years. The platform previously failed to overturn government powers to remove content. Experts warn the decision could further limit free speech online.
X has about 25 million users in India. Technology researcher Prateek Waghre described the ruling as “worrisome”. He said it legitimised government agencies issuing direct takedown orders to platforms. He added that the full implications would only be known once the complete judgement is published.
X’s lawyers declined to comment. India’s home and information technology ministries have not issued statements.
Controversy over Sahyog portal
The case, filed in March, targeted Sahyog, a portal operated by the federal home ministry. The system automates notices to intermediaries such as X and Facebook.
Google, Amazon and Meta joined Sahyog after its launch last year. X refused. It called the portal a “censorship tool” and argued it bypassed safeguards such as hearings and reviews.
X said the portal empowered “countless” officials, including thousands of police officers, to issue takedowns without oversight. In July, one of its lawyers said it allowed “every Tom, Dick, and Harry officer” to order removals. Government lawyers objected to the statement.
Platforms that fail to comply within 36 hours risk losing safe harbour protections. Without these, companies can be held liable for user content.
Government defends stricter regulation
The Indian government said Sahyog was essential to manage growing harmful content online. Officials argued the portal only notifies companies of unlawful material and does not block posts directly.
The Karnataka judge dismissed X’s petition. He said social media could not exist in “a state of anarchic freedom”. He called regulation essential and described Sahyog as a “public good”.
The judge also noted that X complies with takedown laws in the United States. He questioned why the platform refused to follow similar rules in India.
Global legal context
The court cited the Take It Down Act, passed in the United States earlier this year. The law bans sharing intimate images without consent and requires their removal within 48 hours. X has publicly supported the act.
Digital rights experts warned that Sahyog had already caused “a wholesale increase in censorship”. Court filings showed removal demands for content ranging from videos of a deadly crowd crush in Delhi to posts accused of harming senior politicians’ reputations.
Ongoing legal battle
X remains the only major platform challenging India’s content-blocking system. Experts describe the framework as opaque and arbitrary.
In 2022, before Musk acquired the company, X fought multiple takedown orders. The following year, the Karnataka High Court ruled against it and fined the platform 5 million rupees for delays in compliance.
That appeal is still pending. With this latest ruling, X faces another significant hurdle in its fight for free speech in India.
