India’s Supreme Court’s ruling, for all its progressive merits, increases the Indian government’s growing authority to censor content on social media platforms. This past week, they rejected the challenge from X, the company formerly known as Twitter. The case, filed by X in March, centered on the company’s argument that its free speech rights were violated by the government’s content takedown orders. According to the court, because X is a foreign entity, such protections are unavailable to it under Indian constitutional law.
Today’s decision from the court comes on the heels of Sahyog, a new government portal launched in October 2023 by the government. Sahyog, meaning “cooperation” in Hindi, gives powers to intervene safely and promptly. For one, they get to make direct demands of social media companies to take down illegal content. We hope this new initiative will help reduce the burden of enforcement and make their policy coordination with the government much more efficient.
Elon Musk’s X had previously withheld certain accounts in response to executive directives from the Indian government in February 2024. The government is now using Sahyog as a way to suppress dissenting accounts and posts. This action strongly demonstrates its increasing resolve to take on the global tech companies now operating within its borders.
Unfortunately, for the government, the court was quite clear that Article 19 of the Constitution of India protects free speech. This protection exists only for Indian citizens. Senior judge M Nagaprasanna stated,
“Article 19 of the Constitution of India, noble in its spirit and luminous in its promise, remains, nevertheless, a Charter of Rights conferred upon citizens only. The petitioner who seeks sanctuary under its canopy must be a citizen of the nation, failing which the protective embrace of Article 19 cannot be invoked.”
This ruling is a watershed moment in India’s legal landscape that recognizes the need for a more nuanced approach toward regulating digital content. The court’s dismissal of X’s arguments signals a clear message about the limitations faced by foreign companies operating in India.
Kazim Rizvi, founding director of The Dialogue, said the ruling could have negative implications. He added that the ruling has potential to enhance communication between the federal government and big tech companies. He added that we should be careful. He cautioned that “due diligence” should not become a requirement for platforms to do whatever the government tells them to do without question.
“To avoid unintended legal effects, the portal should operate strictly as a coordination and collection layer — a secure intake and routing point for requests, and any binding action should originate from a competent authority under the IT Act/Rules,” Rizvi remarked.
After the court’s ruling, X ai had warned that it might owe massive penalties for failing to comply with various government orders. The company indicated that it faces “potential penalties including significant fines and imprisonment,” which could further complicate its operations in India.
The roll-out of Sahyog is a sign of the Indian government’s intent to raise its regulatory standards around digital content. In their place, authorities have granted strong direct takedown orders to quickly remove illegal content. This action makes social media companies liable for anything posted on their platforms.
Global tech firms will always face a complicated field of Indian law. This ruling is a further reminder that it is more important than ever for them to understand the local rules and regulations. The court’s position could significantly alter how foreign companies do business in India. We need a radical culture shift on this—especially when it comes to user engagement and content moderation.