X Corp asks court to end unregulated content blocking by officials

X Corp (formerly Twitter) has contested the current application of Section 79 of the Information Technology (IT) Act before the Karnataka High Court, arguing that it enables arbitrary takedown orders without structured oversight. Represented by Senior Advocate K G Raghavan, the platform raised concerns over the provision’s constitutional validity, particularly its inconsistency with Article 14.

Appearing before Justice N Nagaprasanna on July 9, Raghavan contended that Section 79(3)(b) is being used by government officials across jurisdictions to issue content blocking orders based on subjective interpretations of what is 'unlawful' or 'immoral.' In contrast to Section 69A, which mandates a reasoned committee decision, Section 79, he said, lacks institutional safeguards and risks turning enforcement into a tool for censorship.

“Section 79 lacks transparency and allows thousands of officers to pass takedown orders without judicial or departmental scrutiny. This undermines legal consistency,” he submitted, adding that such unchecked executive action opens the door to civil and criminal penalties for platforms.

X Corp clarified that it is not seeking exemption from Indian law, but rather a fair and standardised process. Raghavan referenced previous Supreme Court and Bombay High Court rulings on digital free speech and due process, including judgments that struck down portions of the 2023 IT Rules amendments.

Solicitor General Tushar Mehta, representing the Union government, rejected the claims as “X-centric,” emphasising the rights of victims and the accountability of platforms. “Like newspapers, digital intermediaries must be held responsible for the content they host,” he said.

The bench has scheduled further arguments for July 11, with the Centre expected to file a detailed response by July 17.