Karnataka HC to Hear Final Arguments on April 24 in X Corp vs. Govt Censorship Row:
News Update April 04, 2025 10:24 AM

The Karnataka High Court has set April 24, 2025, as the date for final arguments in the high-profile legal battle between Elon Musk-owned X Corp (formerly Twitter) and the Union of India over alleged censorship and regulatory overreach under the Information Technology (IT) Act.

Presiding Judge Justice M Nagaprasanna confirmed that the interim protection granted to X Corp will remain valid until a final decision is reached. The company has also been given two weeks to respond to the government’s objections.

Core Dispute: The Sahyog Portal and IT Act Provisions

A major issue debated during the hearing on April 3 was the government’s requirement that X register on the Sahyog portal, a platform used to issue and monitor content takedown requests.

X’s Argument:
Senior advocate KG Raghavan, appearing for X, described Sahyog as a “censorship portal,” arguing that such registration cannot be forced upon digital intermediaries and goes beyond statutory mandates.

Government’s Response:
Solicitor General Tushar Mehta, representing the Centre, maintained that all intermediaries operating in India must comply with national laws, and joining the portal was not an unreasonable demand.

Legal Grounds: Section 79(3)(b) vs. Section 69A

The case raises fundamental questions about India’s digital governance framework:

Section 79(3)(b) of the IT Act removes the safe harbour protection for platforms that fail to block content when instructed by the government.

Section 69A outlines the due process for blocking access to online content—typically requiring a formal notice and an opportunity for a hearing.

Raghavan argued that X should not be expected to independently judge the legality of every post and insisted that “actual knowledge” of unlawful content must come from a court order, as per the 2015 Shreya Singhal v. Union of India Supreme Court ruling.

Controversial Annexures and Objections

X Corp objected to two government submissions—Annexures R15 and R16—which include notices from the Indian Cyber Crime Coordination Centre (I4C) and lists of allegedly unlawful content, including references to the Maha Kumbh.

Calling them “disturbing,” Raghavan urged the court to strike them off the record. While the government offered to withdraw other annexures, Mehta insisted on retaining R15 and R16 for the final hearing.

Background and What’s Next

On March 17, 2025, X Corp filed a petition in the Karnataka High Court challenging the Indian government’s interpretation of Section 79(3)(b) and the mandatory use of the Sahyog Portal, calling them an unconstitutional censorship mechanism that sidesteps the procedural safeguards of Section 69A.

The final hearing on April 24 at 12 PM is expected to be a landmark moment in India’s ongoing debate over free expression, platform liability, and digital censorship.

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