Social media platform X calls enforcement of content takedown a 'textbook example of arbitrariness'

Earlier in the year, X, formerly Twitter, challenged the governemnt's usage of takedown orders under Sec 79 (3) (b) of the IT Act

Decisions on what online content should be blocked cannot be left to the 'whims and fancies' of individual government officers, social media platform X Corp (formerly Twitter) told the Karnataka High Court on July 7, adding that the current enforcement regime is a 'textbook example of arbitrariness'.

Appearing for the company, senior advocate KG Raghavan asked the court to strike down Rule 3(1)(d) of the Information Technology Rules, 2021, and to curtail the government’s use of Section 79(3)(b) of the IT Act to issue content takedown orders.

Raghavan said that the government’s use of Section 79(3)(b) of the IT Act, particularly through the Sahyog portal, resulted in thousands of nodal officers across the country independently deciding what content should be taken down, with no consistency or central oversight.

“This is a classic example of how Article 14 is violated,” Raghavan told the court. “You have nodal officers in different states, acting on their own sense of what is lawful and what isn’t. There’s no coordination. There’s no centralised process. It is governed by the whims and fancies of whoever is issuing the order.”

X Corp argued that such discretion should rest only with a judge or a designated authority following due process, as outlined under Section 69A of the IT Act.

Unlike 79(3)(b), Section 69A includes a centralised mechanism and procedural safeguards, such as written reasons and the opportunity for a hearing.

Raghavan added that while both Section 69A and Rule 3(1)(d) of the 2021 Rules cover similar grounds for content takedown, the government has been arbitrarily choosing between the two.

X Corp’s petition challenges the government's broader interpretation of Section 79(3)(b) and the operationalisation of the Sahyog portal, which allows local authorities to issue content blocking orders directly to platforms without oversight. The Sahyog Portal is a government initiative to streamline communication between law enforcement agencies, social media entities and other stakeholders for takedowns of unlawful online content.

Raghavan will continue submissions on July 11 while Solicitor General Tushar Mehta will start his submissions on July 17.