An Indian court has dismissed an attempt by Elon Musk’s company X to challenge the Indian government’s content takedown orders. The court ruled that the social media platform, as a foreign company, does not have a constitutional right to free speech under Indian law.
The Karnataka High Court ruled on Wednesday in favor of the Indian government’s use of a centralized online portal to issue content takedown orders. The court determined that foreign platforms cannot invoke free speech protections under Article 19 of the Indian Constitution. The court stated that this constitutional right to free expression applies only to Indian citizens. This decision marks a significant moment in India’s increasingly assertive approach to regulating global technology companies.
X filed the case in March, challenging a series of Indian government orders that directed the platform to block certain accounts and posts. Some of this content was critical of official policies. At the heart of the dispute was the use of a government portal called “Sahyog,” which means “assistance” in Hindi. Launched in October, this portal allows authorities to directly order social media companies to remove content. X referred to it as a “censorship portal” and argued that the process lacked transparency and violated principles of free expression.
In his ruling, the senior judge stated that Article 19 of the Constitution is a charter of rights conferred upon citizens only. He said that the protective embrace of Article 19 cannot be invoked by those who are not citizens of the nation. The court rejected X’s petition.
This ruling comes as Elon Musk expands his business footprint in India beyond X. He has recently launched Tesla operations and secured final regulatory approval for his satellite internet service, Starlink. India is a strategic market for the billionaire, as it has the world’s second-largest internet user base after China. The Indian government is also committed to achieving thirty percent electric vehicle adoption by 2030.
X did not respond to requests for comments on the ruling. A legal representative for the company in India was not immediately available.
An expert from a New Delhi-based think tank commented that the ruling may improve coordination between the government and platforms. However, he cautioned that the obligation to comply should not become a blanket rule, especially when takedown orders come through a portal rather than through the structured legal process defined in Section 69A of the Information Technology Act, which includes procedural protections.
Content takedown orders have increased in India in recent years as more people come online. There were several instances of content removal across various platforms, including X, Facebook, and Instagram, during the nationwide farmers’ protests in 2020 and 2021. The government introduced the Sahyog portal last year to expedite the removal of unlawful content, arguing it would streamline enforcement. Several major technology companies have already integrated the portal to comply with government notices.
In February 2024, X stated that it disagreed with certain orders but withheld specific accounts in India to comply with executive directives. The company noted that noncompliance could have resulted in significant fines and imprisonment.
A legal expert familiar with the matter said the ruling is significant because it shows that courts are increasingly viewing internet regulation through a policy lens, not just a legal one. Elon Musk, who has described himself as a free speech absolutist, has not commented on this specific lawsuit. However, in a past interview, he acknowledged that the rules in India for social media are quite strict and that his company cannot go beyond the laws of a country.
X can still appeal the ruling to the Supreme Court of India. Some legal experts argue that it is unclear if the company would receive a more favorable outcome, as the top court is likely to follow similar reasoning. Another expert pointed out that the ruling did not address the broader question of whether the government should have the power to use such a portal for ordering takedowns. The court will release the full written order on Thursday.