An Indian court has upheld the government’s power to order social media platforms to remove content, rejecting Elon Musk’s company X’s challenge and ruling that foreign firms do not have constitutional free speech rights under Indian law.
On Wednesday, the Karnataka High Court dismissed X’s petition against the government’s centralised takedown portal, Sahyog. The court ruled that Article 19 of the Indian Constitution, which protects free speech, applies only to Indian citizens, not foreign companies.
The case arose after the government directed X to block accounts and posts critical of its policies. Launched in late 2024, Sahyog enables quick content removal by letting authorities issue direct orders to social media platforms. X labelled it a “censorship portal,” challenging its transparency and fairness.
Senior Judge M Nagaprasanna said, “Article 19 of the Constitution of India remains, nevertheless, a Charter of Rights conferred upon citizens only.” The court rejected X’s attempt to claim constitutional protection.
This decision coincides with Musk expanding in India, having launched Tesla operations and gained approval for Starlink internet service. India is a key market with the world’s second-largest internet user base and ambitious electric vehicle targets.
Kazim Rizvi of think tank The Dialogue welcomed improved government-platform coordination but cautioned the portal should remain a coordination tool, not replace formal processes under India’s IT Act.
India has intensified content removals in recent years, notably during the 2020–2021 farmers’ protests. The Sahyog portal has been adopted by major firms like Google, Meta, and Microsoft to handle government takedown requests.
In 2024, X complied with some orders, warning that noncompliance risked “significant fines and imprisonment.” A legal expert told TechCrunch courts now consider internet regulation within a wider policy context.
Musk, a self-described “free speech absolutist,” has not commented on the ruling but previously acknowledged India’s strict social media laws. X may appeal to the Supreme Court, though experts doubt the appeal will succeed.
The court will release the formal order on Thursday.