An Indian court has dismissed Elon Musk’s X’s challenge to the government’s content takedown orders, ruling that the social media platform, as a foreign entity, does not have constitutional free speech protections under Indian law. The Karnataka High Court on Wednesday upheld the government’s use of its centralized online portal, Sahyog, which allows authorities to directly order social media companies to remove content.
Senior judge M. Nagaprasanna noted that Article 19 of the Indian Constitution, which guarantees freedom of expression, applies only to Indian citizens. “The petitioner who seeks sanctuary under its canopy must be a citizen of the nation, failing which the protective embrace of Article 19 cannot be invoked,” the court said while rejecting X’s petition.
X had filed the case in March against a series of government orders directing it to block certain accounts and posts, including content critical of official policies. The platform criticized Sahyog, launched in October, as a “censorship portal” that lacked transparency and violated free expression principles.
The ruling comes as Musk expands his operations in India, recently launching Tesla and securing regulatory approval for Starlink satellite internet services. While X did not immediately comment, the court’s decision underscores India’s increasingly assertive approach to regulating global tech companies.
Experts say the ruling may improve coordination between platforms and the government but cautioned against allowing automated takedown portals to replace structured legal safeguards. Section 69A of India’s Information Technology Act remains the primary law governing content blocking, providing procedural protections that experts say should not be bypassed.
Content takedown orders in India have risen over the past few years as internet penetration expands. The Sahyog portal has already been integrated by companies including Microsoft, Google, Meta, ShareChat, and LinkedIn. Noncompliance can expose platforms to penalties, including fines and imprisonment, as X acknowledged in February 2024 when it withheld certain accounts following government directives.
Legal analysts view the ruling as part of a broader trend of courts approaching internet regulation through policy considerations rather than purely legal ones. While X can appeal to India’s Supreme Court, experts say it is unclear whether the company would receive favorable treatment, as the top court may uphold the Karnataka High Court’s reasoning.
The court plans to release the official order on Thursday.
