Unregulated Speech Can Lead To Lawlessness: Karnataka HC Rejects X Plea Against Centre's Takedown Orders

In a setback to X Corp., the Karnataka High Court on Wednesday rejected a plea moved by the Elon Musk-led social media giant against the Centre's takedown orders.

The plea sought a declaration that that Section 79(3)(b) of the IT Act does not empower the Centre to issue information-blocking orders and mandatory onboarding to the Centre’s SAHYOG portal. The high court, however, dismissed the petition.

In its order, the bench of Justice M Nagaprasanna observed that the judicial approach to freedom of speech has evolved, and that unregulated speech in the name of liberty can lead to lawlessness, NDTV reported.

The bench also emphasised that information and communication have never been left unchecked. From traditional messengers and postal systems to modern platforms like WhatsApp, Instagram, and Snapchat, all forms of communication have been subject to regulatory frameworks both in India and globally.

“Social media needs to be regulated, and it's regulation is a must, more so in cases of offenses against women, in particular, failing which the right to dignity, as ordained in the Constitution of a citizen gets railroaded,” the court maintained.

The court observed that X Corp follows the takedown orders in the United States of America, the birthplace and footland of ‘X’ as it criminalises its violation.

“But the same petitioner refuses to follow the same on the shores of this nation of a similar takedown orders which are founded upon illegality. This is sans countenance. The petition for all the aforesaid reasons lacking in merit stands rejected,” Justice Nagaprasanna noted.

With PTI inputs