Elon Musk’s X vs Govt of India: Karnataka HC denies interim protection to X

New Delhi: The Karnataka High Court on Thursday refused to grant interim protection in its ongoing legal dispute with the government of India over content takedown orders.

The government is asserting that all social media companies must comply with the "law of the land" unless overturned by a court.

The case stems from X’s challenge to the Indian government’s use of Section 79(3)(b) of the Information Technology Act, 2000, and the operation of the Sahyog portal, a system designed to streamline content-blocking requests from government agencies. 

X has argued that the government is misusing its authority by threatening to revoke the platform’s "safe harbour" protection—legal immunity that shields social media platforms from liability for user-generated content—unless it complies with takedown demands. The company contends that such actions bypass the procedural safeguards outlined in Section 69A of the IT Act, which it claims is the only lawful mechanism for content regulation in India.

In its petition, X has accused the government of undermining due process, alleging that the Sahyog portal and related directives represent an overreach of power that stifles free expression online. The company has sought a court declaration that Section 79(3)(b) does not permit broad content-blocking orders and has requested interim relief to prevent coercive measures while the case is adjudicated.

However, the Centre has stood firm, defending its stance in an affidavit filed with the court. It described X’s characterisation of the Sahyog portal as a "censorship tool" as "unfortunate and condemnable," arguing that the platform’s claims are baseless. The government emphasised that the safe harbour protection under Section 79 is not absolute and that platforms must act swiftly to remove illegal content when directed by lawful orders. It further noted that 38 major tech companies, including Google, Microsoft, and YouTube, have already integrated with the Sahyog portal, suggesting X’s resistance is an outlier.