Centre to Challenge Elon Musk Owned X’s Lawsuit Over IT Act, Sahyog Portal
In a recent development, the Union government is planning to challenge a lawsuit filed by Elon Musk owned social media platform X, which has alleged that Sahyog Portal and Section 79(3)(b) of the IT Act enable unlawful censorship. The lawsuit also claims that the Centre is using the section to create a parallel content-blocking mechanism.
As reported by Moneycontrol, the Solicitor General of India, Tushar Mehta, will be representing the Centre in this matter. This development comes as a response to the lawsuit filed by X, which alleges that the Centre’s actions are violative of the fundamental rights of freedom of speech and expression guaranteed by the Constitution.
For those who may not be aware, Sahyog Portal is a platform launched by the government to facilitate the removal of illegal online content. The platform allows users to report harmful or illegal content, which is then reviewed and removed by the authorities. However, X’s lawsuit claims that this platform is being used to censor content arbitrarily and without due process.
Section 79(3)(b) of the IT Act is another provision that has been challenged by X in its lawsuit. This section provides that an intermediary (such as a social media platform) can be held liable for any third-party content that is hosted on their platform if they do not take prompt action to remove such content. X’s lawsuit claims that this provision is being used to harass and intimidate social media platforms into removing content that is critical of the government.
X’s lawsuit also alleges that the Centre is using the Sahyog Portal and Section 79(3)(b) of the IT Act to create a parallel content-blocking mechanism that is not accountable to the courts. The company claims that this mechanism is being used to silence dissenting voices and stifle free speech.
The Centre’s decision to challenge X’s lawsuit comes as a surprise to many, as the government has been vocal about its commitment to protecting online freedom of speech. However, it appears that the Centre is willing to take a strong stance against X’s allegations and defend its actions.
In its defense, the Centre may argue that the Sahyog Portal and Section 79(3)(b) of the IT Act are necessary measures to prevent the spread of harmful and illegal content online. The Centre may also argue that the platform is designed to ensure that content removal is transparent and accountable, and that users have the right to appeal against any decisions taken by the authorities.
On the other hand, X may argue that the Centre’s actions are a blatant attempt to stifle free speech and silence dissenting voices. The company may also argue that the Sahyog Portal and Section 79(3)(b) of the IT Act are unconstitutional and violative of the fundamental rights of freedom of speech and expression.
The outcome of this lawsuit will be closely watched by all stakeholders, including social media companies, civil society organizations, and the government. A ruling in favor of the Centre could have significant implications for online freedom of speech in India, while a ruling in favor of X could lead to a re-examination of the Centre’s content-blocking policies.
As the lawsuit unfolds, it is essential for all stakeholders to engage in a constructive dialogue and ensure that the rights of all individuals are protected. The Centre must ensure that any measures taken to prevent the spread of harmful and illegal content online are proportionate and do not infringe upon the fundamental rights of individuals.
On the other hand, social media companies like X must also ensure that they are not hosting harmful or illegal content on their platforms. The companies must also be transparent about their content removal policies and ensure that users have the right to appeal against any decisions taken by the authorities.
Ultimately, the success of this lawsuit will depend on the ability of all stakeholders to engage in a constructive dialogue and ensure that the rights of all individuals are protected. As the Centre’s challenge to X’s lawsuit unfolds, it is essential for all stakeholders to keep a close eye on developments and engage in a constructive dialogue to ensure that the rights of all individuals are protected.
