X raises concern over Karnataka High Court order, calling it a threat to free speech and constitutional rights-

Karnataka, Sep.29,2025:The Karnataka High Court recently dismissed a petition filed by X challenging the use of the Sahyog Portal. The portal, operated under the aegis of the Ministry of Home Affairs, allows authorities to send takedown notices to social media platforms if certain content is deemed objectionable-

According to the court, the challenge by X was “baseless.” However, the full order has not yet been publicly released.

X’s Statement and Key Concerns

X issued an official statement on Monday, highlighting the following concerns:

• The order violates the Indian Constitution, particularly the right to freedom of expression.
• It bypasses judicial review, allowing content to be removed based solely on government claims of illegality.
• Non-compliance by social media platforms could trigger criminal liability.
• The order appears contradictory to existing IT Act provisions, especially Section 69A.

X emphasized that while it respects Indian law, the ruling raises “serious constitutional issues” and does not align with Supreme Court precedents.

Legal Implications of the Sahyog Portal

The Sahyog Portal allows government authorities to issue content takedown directives without judicial oversight. Social media platforms like X must comply to avoid facing criminal action.

Legal experts argue that this sets a dangerous precedent:

1. Arbitrary Content Removal: Decisions can be made without legal scrutiny.
2. Platform Liability: Social media companies bear the burden of enforcement.
3. Constitutional Challenge: Potential clashes with Articles 19(1)(a) and 21 of the Indian Constitution.

Constitutional Freedom of Expression in India

The right to free speech is protected under Article 19(1)(a) of the Indian Constitution. While reasonable restrictions exist, experts say the Karnataka High Court order could exceed the “reasonable” threshold by allowing content removal without court intervention.

Key issues.

• Judicial Oversight: Crucial for balancing free speech with public order.
• Transparency: Lack of public disclosure on the order’s criteria.
• Precedent: High Court rulings in India have historically emphasized due process before censorship.

Comparison with Bombay High Court Ruling

Interestingly, the Bombay High Court recently struck down a similar content removal scheme, calling it unconstitutional. X highlights this ruling to underline inconsistencies in judicial interpretation.

• Karnataka HC: Upheld government’s unilateral powers.
• Bombay HC: Rejected similar powers, emphasizing due process and constitutional rights.

This contrast raises questions about uniformity in Indian digital law enforcement.

Potential Impact on Social Media Platforms

If implemented broadly, the Karnataka High Court order could significantly impact social media platforms in India.

• Operational Risks: Platforms might face criminal proceedings for non-compliance.
• Content Moderation Challenges: Platforms must comply without clear legal guidelines.
• User Trust: Arbitrary content removal may erode public trust.

Expert Opinions

Legal analysts and digital rights activists have expressed concern over the ruling:

• Constitutional Lawyers: Warn of potential clashes with Supreme Court judgments.
• Digital Rights Advocates: Argue the order could normalize government surveillance and censorship.
• Policy Makers: Stress the need for a balanced framework that protects citizens’ rights without compromising law enforcement.

Next Steps and Appeal Process

X has indicated its intent to appeal against the Karnataka High Court ruling. The company plans to challenge the decision in higher judicial forums, emphasizing.

• Constitutional violations.
• Lack of judicial oversight.
• Contradictions with previous high court judgments.

The appeal could trigger further debates on the future of digital freedom in India.

The issue of X raising concern over Karnataka High Court order underscores a broader conflict between government authority and digital rights. As India navigates its digital future, the balance between law enforcement and freedom of expression remains a critical concern.