India court rejects X's 'free speech' argument, backs government takedown powers

TechCrunch
TechCrunch
3M ago
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An Indian court has ruled against X's free speech claim, affirming the government's authority to issue content takedown orders for foreign platforms.
India court rejects X's 'free speech' argument, backs government takedown powers
A What happened
In a significant ruling, the Karnataka High Court in India has rejected X's (formerly Twitter) argument that it has a constitutional right to free speech, affirming the Indian government's authority to issue content takedown orders. The court determined that Article 19 of the Indian Constitution, which protects free expression, applies only to Indian citizens, thus foreign platforms like X cannot invoke these protections. The ruling supports the government's use of the Sahyog portal, which allows for expedited content removal. X had challenged the government's orders, claiming they lacked transparency and violated free expression principles. The decision underscores India's increasing regulatory assertiveness over global tech companies, particularly as content takedown requests have surged in recent years. Legal experts suggest that while the ruling may enhance coordination between the government and platforms, it raises concerns about due diligence and compliance obligations. X has the option to appeal to the Supreme Court, but experts believe the outcome may not favor the company.

Key insights

  • 1

    Court's Ruling on Free Speech: The court ruled that foreign companies lack free speech rights under Indian law.

  • 2

    Government's Content Takedown Authority: The ruling supports the government's centralized portal for content removal.

  • 3

    Impact on Global Tech Firms: The decision reflects India's growing regulatory power over international tech companies.

Takeaways

The ruling marks a pivotal moment in India's approach to regulating foreign social media platforms.

Topics

World & Politics Governance Corruption & Accountability