The lawsuit specifically challenges the government’s interpretation of Section 79(3)(b) of the Information Technology (IT) Act, arguing it contradicts Supreme Court rulings and undermines online free speech.
How the issue began
The conflict started when X refused to join the Central government’s ‘Sahyog’ portal. Musk stated that X already has its own system for sharing information with law enforcement in cybercrime cases and cannot be forced to join the portal.
A special bench of Justices Prathiba M Singh and Amit Sharma pointed out that X is the only platform refusing to join, while 38 others, including Meta, WhatsApp, Apple, Amazon, Telegram, and Instagram, have already signed up.
The bench also highlighted X’s past non-responsiveness in cases involving sexual offences against children, suggesting this was a key reason for the platform’s inclusion in Sahyog. Despite talks with the Indian Cybercrime Coordination Centre (I4C), X maintained its stance.
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The Sahyog portalThe Sahyog portal, launched by the Ministry of Home Affairs, aims to foster cooperation between government agencies and social media platforms to create a safer online space.
The portal’s website explains that it “automates the process of sending notices to intermediaries by the appropriate government or its agency under the IT Act, 2000, to facilitate the removal or disabling of access to any information, data, or communication link being used to commit an unlawful act.”
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Legal frameworks decoded
Under Section 69A of the IT Act, the government can block digital content that poses a threat to national security, sovereignty, or public order. However, the 2009 Information Technology (Procedure and Safeguards for Blocking Access to Information by the Public) Rules require a structured review process before any content is blocked.
Meanwhile, Section 79(3)(b) mandates online platforms to remove illegal content when instructed by a court order or government notification. If a platform fails to comply within 36 hours, it could lose its safe harbour protection under Section 79(1) and be held accountable under laws such as the Indian Penal Code (IPC).
X’s concerns
X argues that the government is using Section 79(3)(b) to impose arbitrary censorship without proper scrutiny. According to X, the portal allows state officials and government bodies to remove content without transparency or adhering to legal rules.
The platform regards this as a clear breach of legal protections designed to prevent unjust censorship.
Recently, Elon Musk’s Grok AI model too drew the IT ministry’s attention for posting inflammatory content on social media platform X. The AI bot has reportedly used abusive language in Hindi and made inappropriate comments about Prime Minister Narendra Modi and political leaders like Rahul Gandhi, further fuelling the controversy.