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Focus on X's suit against Indian government over censorship — and its timing

The Straits Times

|

April 01, 2025

Case comes as Musk's role in Trump administration grows, and US tariffs loom

- Debarshi Dasgupta

KOLKATA — An ongoing lawsuit filed by billionaire Elon Musk's social media platform X Corp against the Indian government is being tracked closely by many in the country because of its potential impact on the digital content regulatory framework.

X is accusing the government of unlawfully censoring online content. In its lawsuit, filed before the High Court of Karnataka on March 5, X says the Indian government has expanded its censorship powers illegally, empowering "countless" government officials to demand the removal of online content more easily.

The case was made public by Indian media on March 20; the next hearing is slated for April 3.

X's legal challenge is also being watched with interest because of its timing. It comes amid Mr. Musk's growing influence within US President Donald Trump's administration and India's efforts to shield itself from any adverse fallout from Mr. Trump's foreign policies, including trade tariffs.

Two other Musk-owned companies — satellite Internet provider Starlink and carmaker Tesla — are inching closer to launching their businesses in India, prompting the question of why X is taking on the government at this time.

The American social media firm has challenged the government's use of Section 79(3)(b) of the Information Technology (IT) Act, 2000 to issue takedown orders. The firm says this clause does not confer on the government the right to issue such orders.

This practice of using Section 79(3)(b) by the government, it adds, circumvents the existing legal process for content regulation and creates a parallel content-blocking mechanism that operates without procedural safeguards — as laid out in Section 69A of the IT Act and IT (Blocking Rules) 2009 which the Supreme Court has upheld.

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