An Indian court has thrown out a petition by Elon Musk’s platform X. The company argued that a government portal allowed officials excessive powers to censor online content.
A single judge of the Karnataka High Court ruled that X’s challenge against the Sahyog portal was “without merit”. The full judgement has not yet been published.
X has not announced whether it will appeal.
A setback in a long fight
This ruling is the second major loss for X in India in just over two years. The platform previously failed to overturn government orders to block content. Experts warn the decision could further undermine online free speech.
X has about 25 million users in India. Technology researcher Prateek Waghre called the ruling “worrisome”. He said it legitimised direct takedown orders from government agencies to companies. He noted the full effect would only be known once the judgement is public.
X’s lawyers declined to comment. India’s home and technology ministries have not responded to requests.
How Sahyog works
X filed its petition in March against Sahyog, a portal run by the federal home ministry. It automates government notices sent to intermediaries such as X and Facebook.
Google, Amazon and Meta joined Sahyog after its launch last year. X refused. It described the system as a “censorship portal”. The company said it bypassed safeguards like hearings and review procedures.
X argued the portal empowered “countless” officials, including thousands of police officers, to order removals without checks. In July, one of its lawyers claimed it let “every Tom, Dick, and Harry officer” issue takedowns. Government counsel objected to the remark.
Social media companies that ignore orders for more than 36 hours risk losing safe harbour protection. Without this protection, they can be held liable for user content.
Government response and court view
The Indian government defended Sahyog as essential to manage rising levels of harmful online content. Officials said the portal only notified companies of unlawful material and did not block posts itself.
On Wednesday, the judge rejected X’s claims. He said social media could not exist in “a state of anarchic freedom”. He called regulation necessary and described Sahyog as a “public good”.
He also pointed out that X follows takedown rules in the United States. He questioned why the company refused to comply with similar laws in India.
The wider legal context
The court referred to 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.
When X launched its petition, digital rights experts warned that Sahyog had already triggered “a wholesale increase in censorship”. Court filings revealed demands for removals of content ranging from videos of a deadly crush in Delhi to posts accused of damaging the reputation of senior politicians.
A continuing clash with regulators
X is the only major platform still challenging India’s content-blocking framework. Legal specialists often call the system opaque and arbitrary.
In 2022, before Musk acquired the company, X fought several 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 ongoing. With this new defeat, X faces another significant hurdle in its battle over digital freedoms in India.
