By Prashobh Devanahalli
Bengaluru: In a significant legal development, the Karnataka High Court has denied X Corp’s plea for interim relief against the Karnataka government’s decision to block access to certain content on the Sahyog portal, a digital platform designed for public grievance redressal. The decision was delivered after an extensive hearing, during which arguments from both sides were scrutinized in detail.
Background of the Case
The case centers on the Karnataka government’s decision to impose content restrictions on the Sahyog portal, invoking provisions under the Information Technology Act, 2000. X Corp, the parent company of the social media platform X, challenged the order, alleging that the blocking mechanism was excessive, lacked transparency, and violated fundamental rights under the Constitution of India.
The Sahyog portal, intended to facilitate citizen grievances, was blocked on grounds of misuse, including allegations of spreading misinformation and illegal content. Critics, including digital rights advocates, have argued that such restrictions curtail freedom of expression and undermine the digital public sphere.
X Corp’s Arguments
Represented by senior counsel KG Raghavan, X Corp contended that the blocking orders were arbitrary and disproportionate. The company argued that the mechanism failed to meet the criteria of “reasonable restrictions” under Article 19(2) of the Constitution, emphasizing that blocking access to the entire platform rather than specific unlawful content violated users’ fundamental rights.
KG Raghavan stated: “The interim prayer is innocuous. It does not adversely affect any concern expressed by the Union of India. The concern of the Union of India is legitimate—no one can refuse to comply with the laws of this country. If you want to do business here, you must comply. We are on the same side, ensuring nothing adversely affects the country. All we are saying is that the law is completely codified in Section 69A of the IT Act.”
X Corp pointed out procedural lapses, arguing that the government had not adhered to due process as prescribed under Section 69A of the IT Act. The abrupt blocking, the company claimed, disrupted critical communication and service delivery through the portal, impacting users and businesses dependent on the platform.
Karnataka Government’s Defense
The state government, represented by Advocate General Tushar Mehta, defended the blocking orders, asserting that the platform was misused for illegal activities, including disseminating inflammatory and objectionable content. The state’s counsel maintained that the blocking mechanism was vital for maintaining public order, ensuring national security, and curbing misinformation.
Citing legal provisions, the state argued that the measures were taken following due process, with investigations and consultations with relevant agencies. The government insisted that digital platforms must comply with Indian laws and cannot claim blanket immunity under the guise of free speech.
The High Court’s Decision
Justice Nagaprasanna, after examining the arguments, concluded that X Corp had not established a prima facie case for interim relief. The court emphasized the necessity of balancing individual rights with national security and public order, underscoring the judiciary’s caution in matters involving digital platforms.
The court refused to stay the government’s order but directed the state to provide a detailed justification for the legality and necessity of the blocking mechanism.
Expert Opinions and Implications
Legal experts suggest that this case could set a precedent on the extent of governmental powers in regulating online platforms in India. The ruling highlights the challenge of balancing digital rights with lawful regulation. Advocates for digital freedom argue that unchecked blocking orders could lead to censorship, stifling dissent and public debate.
This decision is likely to reignite discussions on content regulation in India, particularly regarding the IT Rules, 2021, which critics claim grant sweeping powers to the government.
As the case proceeds, the Karnataka High Court’s final judgment could shape the future of free speech and platform regulation in the digital age. The outcome may influence how tech companies operate in India, impacting future cases on censorship, online rights, and state control over digital platforms.
