HC declines relief to X in plea against Centre's censorship
Justice M Nagaprasanna heard X Corp’s petition against the government’s directive requiring it to join the Sahyog portal—a platform facilitating content-blocking orders for social media and internet intermediaries.
PTI
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Court says X can seek protection if any action was taken against it
Bengaluru, 3 April
High Court on Thursday declined to grant interim relief to X Corp on its plea
against the Central government’s mandatory onboarding requirement for its
'Sahyog' portal. It observed that there is no reason for the company to be
apprehensive of any coercive action at this juncture.
Justice M Nagaprasanna heard X Corp’s petition against
the government’s directive requiring it to join the Sahyog portal—a platform
facilitating content-blocking orders for social media and internet
intermediaries.
The court also said X Corp has been granted the liberty
to seek protection if any action was taken against it.
X Corp has argued that the mechanism lacks the legal
safeguards outlined under Section 69A of the Information Technology (IT) Act,
2000. Instead, the government has based its blocking orders on Section 79(3)(b)
of the IT Act, a provision that limits intermediary protections under certain
conditions, it contended.
Senior Advocate KG Raghavan, representing X Corp,
contended that the Supreme Court upheld the validity of Section 69A in the
Shreya Singhal case because of its inbuilt safeguards.
He sought to know whether the government could bypass
these protections by invoking Section 79(3)(b) instead. The counsel further
prayed to the court to restrain the government from taking coercive action
against X Corp.
He emphasised that X Corp was not challenging Indian
laws, but rather the way Section 79(3)(b) was being used.
Solicitor General Tushar Mehta and Additional Solicitor
General Aravind Kamath, representing the Centre, asserted that all
intermediaries must comply with Indian laws, including content moderation
requirements.
The court pointed to the Centre’s assurance that X Corp
need not fear any coercive action at this stage.
The case has now been posted for hearing on 24 April.
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