Tensions flared in the Karnataka High Court as Elon Musk’s platform X clashed with the Indian government over content takedown powers. A remark questioning the authority of government officials sparked a fiery exchange, highlighting deep divides over online regulation.
The Karnataka High Court saw heated exchanges as the world social media platform X (formerly Twitter) and the Indian government clashed over content removal rules under India’s Information Technology regime.
X’s lawyer, senior counsel KG Raghavan, brought the bench to life as he challenged the unbridled power of government officials to order content removals. Citing a recent takedown order from the railways department for a video depicting a car on railway lines, Raghavan said: “This is the risk, My Lord, that is done now, if every Tom, Dick, and Harry officer is authorised.”
The observation elicited an instant and forceful reaction from the Centre’s representative, Solicitor General Tushar Mehta. “Officers are not Tom, Dick, or Harry … they are statutory functionaries,” he argued in support of India’s regulatory apparatus and its legitimacy and form. Mehta emphasized no social media intermediary should be able to function unchecked.
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The court showdown is a part of a larger legal fight pursued by X, which in 2021 challenged the constitutional validity of several government takedown orders issued under the Information Technology Rules, 2021, and Section 79(3)(b) of the IT Act, 2000. X had initially resisted compliance with several orders, invoking freedom of expression and public interest, but later complied with them to escape punitive measures—while still challenging their validity.
X asked the court for leave to modify its initial petition to also challenge Rule 3(1)(d) of the IT Rules that gives the government the authority to order content takedowns. Mehta did not object to the amendment, and Justice Krishna S. Dixit is said to have granted permission to X to submit the modified plea in two days.
The case has been regarded as a test case for India’s balance of government regulation and online freedom in its increasingly developing technology landscape.
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