Elon Musk’s social media platform X (formerly Twitter) has filed a lawsuit against the Indian government, alleging that the Ministry of Information Technology has unlawfully expanded its censorship powers.
The case, filed in the Karnataka High Court on March 5, claims that India’s IT Ministry has introduced a new system that makes it easier to remove online content and allows multiple government departments to issue content-blocking orders.
The lawsuit accuses India’s IT Ministry of directing various government departments to use a website launched by the Ministry of Home Affairs last year to issue content-blocking orders. According to X, this platform forces social media companies, including itself, to comply with orders that bypass existing legal safeguards.
Under Indian law, content removal is only permitted in cases involving national security, sovereignty, or public order. X argues that the new system lacks proper oversight and enables censorship without the strict regulations previously required.
The company has requested the court to overturn the directive, calling the new mechanism “an impermissible parallel system” that violates free speech rights in India.
The lawsuit is part of a legal battle between X and the Indian government over content moderation. In 2021, X clashed with authorities after refusing to block tweets related to the farmers’ protest.
The company later complied with government demands following intense public criticism from officials. However, it has continued challenging the legality of such takedown requests in Indian courts.
Earlier this week, the Karnataka High Court briefly heard arguments from X’s legal team, but no final decision was reached. The next hearing is scheduled for March 27, when the company hopes to have the new content-blocking system invalidated.
According to Business Standards, X’s lawsuit argues that the Indian government is misusing the Information Technology (IT) Act, particularly Section 79(3)(b), to justify its increased censorship powers.
The company claims that this interpretation goes against a key Supreme Court ruling in the Shreya Singhal case, which established protections against government overreach in online content regulation.
The Shreya Singhal case was a landmark judgment in India that struck down Section 66A of the IT Act, which had been used to criminalize online speech. The court upheld Section 69A, allowing the government to block content in cases of national security and public order but with procedural safeguards.
Section 79(3)(b), which protects online platforms from liability unless a takedown order is issued by a court or the government, was also upheld with conditions to prevent misuse.
“The ruling could clarify how far the government can go in regulating online content without violating free speech protections,” said Aslam Ahmed, a legal expert at Singhania & Co.
When contacted for a statement, India’s IT Ministry referred Reuters’ inquiries to the Ministry of Home Affairs, which did not respond. The government has yet to make an official statement regarding the lawsuit, but officials have previously argued that content moderation is necessary to maintain law and order in the country.
In recent years, the Indian government has increased its control over digital platforms, introducing stricter IT rules that require social media companies to comply with takedown requests within a specific timeframe. Companies that fail to comply risk losing their legal protections as intermediaries, making them liable for user-generated content.
The billionaire has been in discussions with the Indian government to bring Starlink, his satellite internet service, to the country. Tesla has also been exploring opportunities to set up manufacturing plants in India, with negotiations over tax incentives and import duties still underway.
“X’s lawsuit could complicate Tesla and Starlink’s entry into India, as regulatory approvals are crucial for both projects,” said Alay Razvi, a managing partner at Accord Juris.
The outcome of this case will have significant implications for digital governance in India. If X wins, it could set a precedent limiting government intervention in online content regulation. On the other hand, if the court upholds the government’s directives, it could strengthen state control over social media and other digital platforms.
“This case is a crucial test for free speech in India. It will determine whether the government’s expanded powers will be rolled back or further institutionalized,” said Ankit Sahni, a lawyer specializing in technology laws.
