X, has reportedly filed a petition in the Karnataka High Court, challenging the Indian government's use of Section 79(3)(b) of the Information Technology (IT) Act. According to a Hindustan Times report, the company argues that authorities are bypassing legal procedures and creating an unlawful system to block online content.

X challenges government’s interpretation of IT act

Under the IT Act, platforms like X risk losing their "safe harbour" legal protection if they fail to remove or block content when directed by government authorities. However, X contends that Section 79(3)(b) does not grant the government the power to block content. The company alleges that officials are misusing this provision to circumvent Section 69A, which provides a structured process for content blocking, including safeguards established by India's Supreme Court in the 2015 Shreya Singhal judgment.

"Section 69A allows content to be blocked only for specific reasons, such as protecting national security, and requires a review process. In contrast, Section 79(3)(b) has no clear rules and allows authorities to block content without proper checks," X reportedly argued, warning that this could lead to widespread censorship.

Impact on business and opposition to Sahyog Portal

The platform also claims that such actions are damaging its business in India, as it relies on users being able to share lawful information. X fears that arbitrary blocking orders will erode user trust and harm the platform’s credibility.

Furthermore, the company is resisting the government’s push for it to join Sahyog, an online portal operated by the Indian Cyber Crime Coordination Centre (I4C) for handling Section 79(3)(b) orders. X has described Sahyog as a “Censorship Portal” and argues that there is no legal foundation for its creation or for compelling companies to appoint dedicated officers for it. The report states that X maintains it is already in compliance with the 2021 IT Guidelines, which require platforms to appoint grievance and compliance officers.

Legal proceedings and government response

At a hearing on March 17, Justice M Nagaprasanna reportedly advised X to return to court if the government takes serious action against it. The government, however, stated that no punitive measures had been taken against X for refusing to join Sahyog.

X’s petition also accuses the Ministry of Electronics and Information Technology (MeitY) of encouraging various ministries, state governments, and police authorities to establish alternative content-blocking mechanisms. As evidence, the company submitted examples of blocking orders from the Railways ministry, issued in February 2024, according to the Hindustan Times report.