In a recent legal filing reviewed by Reuters, India’s government accused Elon Musk’s X of being a “habitual non-compliant platform.” The filing, submitted by India’s IT ministry to the high court in Karnataka, claims that X has consistently failed to follow orders to remove content, which undermines the government’s authority. This ongoing legal battle between X, formerly known as Twitter, and the Indian government has shed light on the issue of non-compliance with content removal orders and raises questions about the role of social media platforms in a democratic society.
Over the years, X has faced numerous content removal orders from the Indian government, alleging non-compliance. The government believes that X has not taken adequate steps to remove objectionable content from its platform, even after receiving direct orders to do so. The government’s legal filing states that X’s “compliance rates with government requests have been significantly low,” and accuses the platform of undermining the role of the government in a democratic setup.
In response to India’s allegations, X has chosen to challenge the government’s actions in court. One significant event in this legal battle was a fine imposed on X by Karnataka’s High Court in June. The court fined the platform 5 million rupees ($60,291) after finding that it had failed to comply with blocking orders and offered no reasonable explanation for its non-compliance. X appealed this ruling to a higher bench and raised concerns about the potential implications for freedom of speech and censorship.
India’s IT ministry has expressed its frustration with X’s conduct in its legal filing. The government argues that X’s plea should be dismissed, as the platform has undermined the government’s authority by unblocking accounts that were ordered to be blocked without the government’s knowledge. The ministry emphasizes that it is the duty of the government to ensure that platforms like X operate in a legally compliant manner. The ongoing legal battle, according to the government, raises concerns about the platform’s disregard for lawful orders and the potential consequences of allowing platforms to become the “final arbitrator” of such orders.
The strained relations between India and X can be traced back to 2021 when the platform refused to comply with orders to block certain accounts related to farmer protests against the Indian government’s policies. Since then, Indian authorities have requested the removal of content deemed supportive of an independent Sikh state, as well as posts accused of spreading misinformation about farmer protests and tweets critical of the government’s handling of the COVID-19 pandemic. This clash between X’s commitment to freedom of expression and the Indian government’s concerns about maintaining social harmony has fueled the ongoing legal battle.
A Dangerous Trend and Its Implications
The Indian government argues that X is setting a dangerous trend by seeking to judge the merits of government orders. Allowing platforms to become the “final arbitrator of lawful orders” could have far-reaching consequences for the balance between freedom of speech and regulation in a democratic society. The government highlights the importance of ensuring that platforms operate within the framework of the law and warns against undermining the role of the government in maintaining order and safeguarding the interests of its citizens.
While the legal battle between X and the Indian government continues, Elon Musk’s Tesla finds itself in the midst of discussions to set up a factory in India for manufacturing electric vehicles. The outcome of this legal dispute may have implications for Tesla’s plans in the country. As X and the Indian government confront each other in court, it remains to be seen how their clash over compliance with content removal orders will be resolved and what impact it will have on the future of social media platforms and the regulation of online content in India.
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