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

The Karnataka High Court dismissed X's attempt to challenge the Indian government's content takedown orders, ruling that as a foreign company X does not have a constitutional right to free speech under Indian law.

The court ruled in favor of the government's use of a centralized online portal to issue content takedown orders, Sahyog, determining that foreign platforms cannot invoke free speech protections under Article 19 of the Indian Constitution.

Sahyog, launched in October, allows authorities to directly order social media companies to remove content. Sahyog means 'assistance' in Hindi. The court said this constitutional free expression applies only to Indian citizens.

X filed the case in March, challenging a series of Indian government orders directing the platform to block certain accounts and posts, including content critical of official policies.

At the heart of the dispute was Sahyog, a government portal launched in October that allows authorities to directly order social media companies to remove content. Sahyog means 'assistance' in Hindi.

X called it a 'censorship portal' and argued the process lacked transparency and violated principles of free expression. “Article 19 of the Constitution of India, noble in its spirit and luminous in its promise, remains, nevertheless, a Charter of Rights conferred upon citizens only. The petitioner who seeks sanctuary under its canopy must be a citizen of the nation, failing which the protective embrace of Article 19 cannot be invoked,” senior judge M Nagaprasanna said in his ruling, which was livestreamed, as the court rejected X’s petition.

The ruling comes as Musk expands his footprint in India beyond X, having recently launched Tesla operations and secured final regulatory approval for his satellite internet service Starlink.