Social media platform X Corp (formerly Twitter) argued in the Karnataka High Court that nodal officers across the country are ordering the removal of content at their own will at different levels, with no centralized monitoring or coordination. X Corp said that the decision on which online content to block cannot be left to the whims of a single government official. The company called it a ‘classic example of arbitrariness’.
Senior advocate KG Raghavan, appearing for the company, appealed to the court to strike down Rule 3(1)(D) of the Information Technology Rules, 2021 and limit the use of Section 79(3)(B) of the IT Act by the government. Raghavan said that the government is allowing thousands of nodal officers to take different decisions through the Sahyog portal, which does not maintain uniformity and there is no centralized process.
“This is a clear example of violation of Article 14. Nodal officers of different states are deciding what is legal and what is not according to their own understanding. There is no coordination anywhere, the whole system is running at the will of the officials,” Raghavan said.
X Corp argues that such a decision should be taken only by a judge or a prescribed authority under due process, as prescribed in Section 69A of the IT Act. Section 69A guarantees a centralised system and due process for content removal, including written reasons and an opportunity to be heard.
Raghavan also said that both Section 69A and Rule 3(1)(d) cover content removal cases, but the government is using them at its own will. X Corp’s petition challenges the government’s broad interpretation of Section 79(3)(b) and the operation of the Sahyog portal, through which local officials are issuing orders to block content directly without any oversight.
The Sahyog portal is a government initiative aimed at establishing coordination between law enforcement agencies, social media platforms and other stakeholders to remove illegal online content.
Raghavan will continue his arguments on July 11, while Solicitor General Tushar Mehta will present his side from July 17.
