X Corp Challenges Indian Government’s Takedown Directives

The Karnataka High Court has postponed the hearing related to a petition from X Corp, which was previously known as Twitter. This petition contests the directives from the Indian government concerning takedowns issued under Section 79(3)(b) of the Information Technology Act. The next hearing is now set for July 1, 2025.

Adjournment Request by Senior Advocate

KG Raghavan, a senior advocate representing the platform owned by Elon Musk, sought the adjournment in order to file amendments to the original petition. He informed the court that the petitioner intends to submit applications requesting amendments. The government, represented by Solicitor General Tushar Mehta, did not object to this request and suggested a date after the summer break for further proceedings.

Timeline for Amendments and Responses

As per the daily orders from April 23, X Corp is required to submit any applications for amending the petition within two weeks. An advance copy of these applications must also be provided to the government. Following this, the government will have a three-week period to respond, and X Corp will then be allowed another three weeks to file its rejoinder.

Legal Context of the Petition

X Corp lodged its petition on March 5, asserting that the government’s application of Section 79(3)(b)—which removes safe harbour protection for intermediaries who do not remove flagged content—contradicts the more detailed provisions specified in Section 69A. This latter section delineates a formal process for issuing blocking orders, which includes necessary safeguards such as reasoned orders and the provision for a hearing.

Arguments Presented in Court

During the hearing on April 3, X Corp maintained that circumventing Section 69A and proceeding under Section 79(3)(b) was legally flawed. The counsel representing X argued that Section 69A is essentially the repository of authority for content blocking.

Broader Implications of the Case

This case represents one of many legal and regulatory conflicts arising in the context of India tightening its regulation of digital platforms. The government is attempting to strike a balance between upholding free speech and addressing concerns related to national security and public order.