Elon Musk's X Corporation has filed a significant appeal before the Karnataka High Court, challenging a recent judgment that upheld the Indian government's content takedown mechanisms and the controversial Sahyog portal. The social media giant argues that the ruling could empower numerous police officers and officials to arbitrarily remove content they deem unlawful without proper judicial oversight.
The Legal Battle Intensifies
On Friday, November 16, 2025, X Corp formally moved the Karnataka High Court against Justice M Nagaprasanna's September 24, 2025 judgment. The original ruling had rejected the platform's challenge to the Central Government's Sahyog portal and the procedures for issuing takedown orders under Article 79(3)(b) of the Information Technology Act.
The company maintains that content removal should strictly follow Section 69A of the IT Act, arguing that the current approach through Article 79(3)(b) creates an overly broad framework for takedowns without adequate judicial process. X Corp had previously expressed its intention to appeal this decision on September 29 through its Global Government Affairs handle, stating they "respectfully disagree" with the court's position.
Free Speech and Constitutional Concerns
X Corp has raised fundamental questions about free expression rights in India, challenging the court's finding that the company cannot invoke constitutional free speech protections because it's incorporated abroad. The social media platform argues that despite its foreign incorporation, it maintains a physical presence in India, provides a platform for Indian citizens, and even serves Indian government agencies.
The appeal contends that the judgment improperly interprets the Supreme Court's landmark Shreya Singhal v Union of India case, which dealt with similar internet freedom issues. X Corp also objects to the bench's suggestion that the company was unwilling to obey Indian laws, pointing out that they complied with 26,641 out of 29,118 removal orders - representing a 91% compliance rate.
The Sahyog Portal Controversy
Throughout the legal proceedings, X Corp has referred to the Sahyog portal as a "censorship portal," arguing that Rule 3(1)(d) used for takedowns through this mechanism is unconstitutional. The company warns that if the current interpretation stands, it could enable the government to censor any viewpoint or criticism it finds unacceptable.
However, Justice Nagaprasanna's original order defended the Sahyog portal, describing it as "an instrument of public good" designed to combat cyber crime through cooperation between citizens and intermediaries. The court emphasized that methods of communication have always been subject to regulation and that foreign entities cannot claim the protective embrace of Article 19 rights.
The appeal raises serious concerns about potential misuse of the IT Act, suggesting that the judgment could allow a large number of police personnel to take down content based on arbitrary decisions about what constitutes unlawful material. No hearing date has been set yet for X Corp's appeal, but the case continues to draw significant attention to the balance between internet regulation and free speech rights in India's digital ecosystem.
