Elon Musk-owned X has filed a lawsuit against the central government, accusing it of misusing the IT Act to block content on the platform. The case was filed in the Karnataka High Court on Thursday. In its petition, X challenged what it described as unlawful content regulation and arbitrary censorship.

The company raised concerns over the government's interpretation of the Information Technology (IT) Act, particularly its application of Section 79(3)(b). X argued that this violates Supreme Court rulings and restricts online free expression, as news agency PTI reported. The lawsuit further alleged that the government is using this provision to create an alternative content-blocking system, bypassing the structured legal framework established under Section 69A.

Section 69A of the IT Act grants the government the authority to order the removal of content on grounds of national security, public order, or sovereignty, providing companies with a clear legal directive. In contrast, companies argue that Section 79(3)(b) is too vague, leaving them to determine what content is illegal, which can expose them to legal challenges and public backlash. To mitigate this risk, companies often rely on Section 69A as a defence, asserting that they should only be held accountable if the government explicitly orders content removal rather than making independent judgments on legality. This approach shifts the responsibility to the government, shielding platforms from accusations of bias and legal consequences while ensuring compliance with official directives. Additionally, X argued that the government's current approach conflicts with the Supreme Court’s 2015 ruling in the Shreya Singhal case, which stated that content can only be blocked through a proper judicial process or under the legal framework of Section 69A.

Social media companies criticise Section 79(3)(b) of the IT Act for creating legal uncertainty, as it compels them to remove content even when its illegality is unclear. They argue that the vague interpretation of having "knowledge" of illegal content puts them at risk of lawsuits, leading to excessive censorship and restrictions on free speech. Also, the law significantly burdens platforms to monitor billions of posts daily, a technically complex and challenging task.

Social media platforms have legally challenged the government's Sahyog portal, a system created by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs. The portal is designed to handle content takedown requests under Section 79(3)(b) and facilitate direct communication between social media companies and law enforcement agencies. X has refused to assign an employee to the platform, arguing that it functions as a "censorship tool" that pressures companies to remove content without proper legal scrutiny. The lawsuit claims this is yet another attempt by the government to control online discussions without judicial oversight.