"Social Media Platforms Must Adhere to Legal Framework," Say Sources Following X's Lawsuit Against Centre


The government has reaffirmed its commitment to following due process while emphasizing that social media platforms must comply with legal mandates, sources stated in response to a lawsuit filed by Elon Musk-owned X against the Centre. The microblogging platform, formerly known as Twitter, has accused the government of misusing IT laws to establish an "unlawful blocking regime."

A senior government source told NDTV, "Due process will be upheld, and social media companies must adhere to the law." This strong rebuttal follows X’s filing of a writ petition in the Karnataka High Court, in which it invokes the Supreme Court’s 2015 Shreya Singhal ruling. The landmark judgment struck down Section 66A of the Information Technology Act, 2000, which criminalized sending offensive messages via digital communication.

X's petition highlights that the Ministry of Electronics and Information Technology has instructed various central and state authorities—effectively empowering thousands of local law enforcement officers—to issue blocking orders under Section 79(3)(b), bypassing the established process under Section 69A. Section 79(3)(b) states that IT intermediaries lose legal immunity if they fail to swiftly remove content flagged as unlawful by the government. However, X argues that this provision is being misapplied to sidestep the safeguards outlined in Section 69A, which grants the government authority to restrict public access to information under specific conditions.

The petition asserts that Section 79 primarily serves to protect intermediaries from liability over third-party content and does not confer the government the power to impose blocking directives outside of Section 69A's legal framework. "More than two decades after Section 79 was enacted, and 14 years after its current version took effect, the government is now attempting to misuse it to establish an unlawful blocking system, disregarding the procedural safeguards of Section 69A, the Blocking Rules, and the Supreme Court's ruling in Shreya Singhal," X contends.

Furthermore, X claims that the Centre is attempting to circumvent the structured procedures set forth in the Blocking Rules and Section 69A, thereby violating the Supreme Court's directive. It argues that legal avenues for emergency content blocking already exist, as any government agency can submit requests to a Designated Officer under Section 69A. The established framework allows central and state agencies to channel blocking requests through designated nodal officers, ensuring oversight and due process.

X also warns that the government’s actions threaten its business model, which relies on the free exchange of lawful information. "The value and revenue of X stem from user-generated lawful content. Arbitrary and unjustified blocking orders not only harm X’s operational viability but also infringe upon its rights under Article 14 of the Constitution," the platform stated.

By taking legal action, X aims to challenge what it sees as an overreach of governmental authority that could have far-reaching consequences for digital free speech and business operations in India.

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