An Indian court has dismissed an attempt by Elon Musk’s X to challenge the Indian government’s content takedown orders, ruling that the social media platform, as a foreign company, does not have a constitutional right to free speech under Indian law. The Karnataka High Court ruled on Wednesday that the constitutional right to free expression under Article 19 of the Indian Constitution applies only to Indian citizens. The decision marks a significant moment in India’s increasingly assertive approach to regulating global tech companies.
X had filed the case in March, challenging a series of government orders to block certain accounts and posts, including content critical of official policies. At the heart of the dispute was the use of “Sahyog,” a government portal that allows authorities to directly order social media companies to remove content. X had referred to the portal as a “censorship portal,” arguing that the process lacked transparency and violated principles of free expression. Senior judge M Nagaprasanna stated in his ruling that a petitioner seeking protection under Article 19 must be a citizen of the nation.
The ‘Sahyog’ Portal at the Heart of the Dispute
The ruling comes as Musk is expanding his footprint in India beyond X, with Tesla operations recently launched and his satellite internet service, Starlink, securing final regulatory approval. The country is a strategic bet for Musk, with the world’s second-largest internet user base after China. Other tech companies, including Microsoft, Google, Meta, ShareChat, and LinkedIn, have already integrated the Sahyog portal to remove content.
Kazim Rizvi, founding director of a New Delhi-based think tank called The Dialogue, said the ruling may improve coordination between the government and platforms but cautioned that “due diligence” should not become a blanket obligation to comply. He noted that there is a risk when takedowns occur via a portal rather than through the structured safeguards of Section 69A of the Information Technology Act, which is India’s main law governing content blocking and includes procedural protections.
Implications for Global Tech Companies
Musk, who has called himself a “free speech absolutist,” has not commented on the lawsuit and ruling, though he has previously raised concerns about Indian content regulation laws. In a 2023 interview with the BBC, Musk said, “The rules in India for what can appear on social media are quite strict, and we can’t go beyond the laws of a country.”
X can still appeal the ruling to the Supreme Court. However, some legal experts argue that it is unclear whether the company would receive favorable treatment, as the top court is likely to follow the same line of reasoning as the Karnataka High Court. The court is expected to release the full order on Thursday.
What The Author Thinks
This ruling represents a significant victory for national sovereignty over the global, borderless aspirations of tech platforms. By affirming that foreign companies cannot invoke the same free speech protections as citizens, the court has set a powerful precedent for how nations can regulate digital content within their borders. The decision forces tech companies to either comply with a country’s legal framework or face the consequences, even if that means compromising their stated principles of free expression. This is a clear signal that governments are becoming increasingly assertive in their efforts to control online discourse, and it may mark a turning point in the relationship between global technology platforms and the nations in which they operate.
Featured image credit: najeebkhan2009 via Flickr
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