Karnataka HC Rules Against X Corp in Content Removal Case

Karnataka HC Rules Against X Corp in Content Removal Case

Why in News?

Recently, the Karnataka High Court dismissed the plea filed by social media platform X, which had challenged government orders issued under the IT Law for content removal. The court stated that social media platforms must follow the laws of India.

What is the Content Removal Case?

• This year, social media platform X Corp filed a petition against the Indian government’s takedown orders for objectionable content, which were issued through the Sahyog Portal.
• The petition by X Corp challenged the legal basis of content removal notices issued under Section 79(3)(b) of the Information Technology Act. X Corp argued that any takedown should follow Section 69A of the IT Act, and claimed the Sahyog Portal functioned as a “censorship portal” for intermediaries. The company said that the portal’s ad hoc orders could negatively impact freedom of speech.
• The Indian government stated that regulating online content was necessary to protect public interest and prevent misuse of digital platforms.  The government emphasized that safe harbour protections for intermediaries do not provide a blanket immunity and are meant only as exemptions from general liability.

Karnataka High Court’s Remarks on X Corp Content Removal Case

• The Karnataka High Court delivered a landmark judgment on the petition filed by X Corp. The court emphasized that social media platforms must respect Indian laws and cannot treat India as a free digital playground.
• The court stated that the Sahyog Portal is a mechanism of public good, allowing authorities and platforms to cooperate in combating cybercrime.
• The court emphasized that platforms must respect Indian statutory provisions, including Sections 79(3)(b) and 69A of the IT Act, for content removal. 
• Justice M Nagaprasanna stated that X Corp, incorporated in the United States, cannot selectively follow the takedown laws of its home country while ignoring Indian regulations. The Bench termed this selective compliance as unacceptable.
• The court clarified that any platform operating under Indian jurisdiction must recognize that freedom comes with responsibility. Access to Indian users and markets carries a duty of accountability. 
• The court clarified that foreign companies incorporated abroad cannot invoke fundamental rights guaranteed by the Indian Constitution. X Corp cannot claim protection under Articles 14, 19, or 21, as these are explicitly available to Indian citizens. 
• The court emphasized that freedom of expression is not absolute. It is subject to reasonable restrictions to protect public order, morality, and security. Platforms must ensure that their services do not allow content that violates laws.

What is the Information Technology Act (IT Act) ?

• • About: The Information Technology Act (IT Act) is the primary legislation in India governing electronic commerce, digital communication, and cybercrime. It was enacted in 2000 by the Parliament of India which defines offences related to cybercrime and prescribes penalties for them.

• Objectives: The main objective of the IT Act is to promote secure digital transactions and regulate the use of information technology. The Act aims to protect electronic data and ensure legal recognition for electronic communications. It also seeks to prevent cybercrimes such as hacking, data theft, and online fraud. 

• Provisions: 

• • • The IT Act grants legal validity to electronic records and digital signatures. Documents sent electronically have the same status as paper records. This ensures that contracts, agreements, and communication over digital platforms are legally enforceable in India.
    • The Act recognizes digital signatures as secure methods to authenticate electronic records. This ensures integrity, security, and non-repudiation in online transactions.
    • Section 43 and Section 66 of the IT Act address cyber offences. Hacking, data theft, unauthorised access, and spreading viruses are punishable by fines and imprisonment. These provisions protect users, organizations, and government systems from cyber attacks.
    • The Act defines the responsibilities of intermediaries, including social media platforms, websites, and internet service providers. Platforms must follow due diligence and remove illegal or offensive content when notified. Safe harbour protections apply if intermediaries comply with the law and cooperate with authorities.
    • The IT Act empowers the government to regulate content on social media through Section 69A. Platforms like Facebook, X Corp, and Instagram must block content that threatens sovereignty, security, public order, or morality.
    • The Act authorizes law enforcement like the Indian Cyber Crime Coordination Centre (I4C) to investigate cybercrime, including hacking, phishing, identity theft, and online harassment. 
    • The IT Act prescribes strict penalties for offences. Individuals who hack, spread malware, publish obscene content, or commit cyber fraud face fines, imprisonment, or both.
    • Section 79 deals with exemption from liability for intermediaries. It provides certain protections to online platforms, including social media networks, websites, and internet service providers. Subsection 79(3)(b) specifically defines the conditions under which intermediaries must act.
    • The Act obligates platforms to block content that exploits minors, promotes violence, or targets specific communities. Social media platforms must implement mechanisms for quick removal and reporting of such content.

• Amendments: The Information Technology Act (IT Act) 2000 has been amended several times to address evolving cyber challenges. The 2008 amendment introduced provisions for cyber terrorism. The 2021 rules updated social media and content regulation. The 2023 amendment focused on data protection.