K’taka HC rejects Musk-led X Corp’s challenge to censorship, says regulation for social media must

September 24, 2025

Bengaluru: In a landmark ruling, the Karnataka High Court on Wednesday delivered its verdict in the case of X Corp (formerly Twitter Inc.) vs. the Union of India, concerning freedom of speech and alleged censorship on social media.

The Bench emphasised the necessity of regulating social media and upheld the Centre’s authority, through the Sahyog Portal, to block content.

Bench Dismisses X Corp’s Challenge

The Bench, headed by Justice M. Nagaprasanna, dismissed X Corp’s plea challenging the onboarding of the Sahyog Portal, calling it “without merit.” The court highlighted that unregulated speech under the guise of liberty can result in lawlessness.

X Corp had sought a declaration that Section 79(3)(b) of the Information Technology Act does not empower the government to issue content-blocking orders. This plea was rejected.

Justice Nagaprasanna on Regulation

While delivering the verdict, Justice Nagaprasanna stated:
“The content on social media must be regulated and its regulation is a must, more so in cases of offences against women in particular, failing which right to dignity as ordained in the Constitution gets railroaded.”

The Bench also observed:
“From Messengers to WhatsApp and Instagram, all forms of communication have always been regulated, globally and locally. Except for Indians, no one could have the right to freedom of speech. Even in the United States, restrictions have been imposed on X.”

Background of the Case

X Corp filed a writ petition in March, seeking interim relief from what it described as “coercive actions” by the Indian government. The case revolved around X Corp’s claim that the Sahyog Portal amounts to a “Censorship Portal” and its use violates free speech, threatens the business model, and bypasses established legal procedures.

The company challenged the government’s use of the IT Act, citing Section 69A and alleged misuse of Section 79(3)(b). X Corp also contended that the government’s requests included removing content from Opposition leaders and critics, which it argued undermined its intermediary role.

Government’s Stand

Represented by Solicitor General Tushar Mehta and Additional Solicitor General Arvind Kamath, the government argued that its authority to block online content is outlined under Section 69A, allowing restrictions in the interest of sovereignty, security, public order, and prevention of offences.

During hearings, the court noted that no punitive action had yet been taken against X Corp for refusing to join the Sahyog Portal.

Previous Legal Battles

This was not X Corp’s first confrontation with the Indian government. In 2022, the company challenged Section 69A orders blocking entire accounts, but the Karnataka High Court upheld the government’s authority.

Senior counsel K.G. Raghavan represented X Corp in the latest proceedings, which also involved arguments over whether the government could create a censorship system without established oversight.