Karnataka High Court rejects X plea challenging centre's takedown orders

India Today

The Karnataka High Court has rejected a petition by social media platform X, formerly Twitter, which challenged takedown orders issued by the central government.

Transcript

00:00We have some breaking news coming in from Karnataka.

00:03Now, the Karnataka High Court has rejected a petition that was filed by X,

00:08the social media platform, which was formerly called Twitter.

00:11This petition was challenging centres' takedown orders of certain posts that were issued to them.

00:18Now, Karnataka High Court has said that regulation of social media is the need of the hour

00:24and social media cannot be left in the state of anarchic freedom

00:29and it cannot just be let loose.

00:32Now, the court has also said that even US regulates social media.

00:37The High Court has said that social media companies cannot be allowed to work unregulated in India

00:42and the X must follow India's law.

00:46Joining us now is India Today's Nalini Sharma.

00:48Nalini, what does this mean for what the proponents of internet freedom say

00:56that it should not be regulated? What does it mean?

00:59Well, no doubt about the fact that it's a massive setback for Twitter

01:04and not just Twitter, all the social media intermediaries

01:07because essentially what the Karnataka High Court has said

01:09is that the law of the land must be followed

01:11and that the social media companies that are based outside India

01:15but using Indian marketplace cannot treat India like a playground.

01:20What they've also gone ahead and said is that regulation of social media is the need of the hour

01:24and the same Twitter that follows the laws in the US where it is based

01:29refuses to follow the laws in India

01:32when content takedown orders are issued by the Indian government

01:35Twitter instead challenges it before the courts of law.

01:38Another very important thing that the Karnataka High Court has said

01:42while pronouncing its order today

01:43is that the freedom of speech under Article 19 that grants the protection

01:49is only limited to citizens of India

01:52and considering that Twitter is an entity based outside of India

01:55that protection cannot be granted to them.

01:57It's a very important observation or judgment of finding rather

02:02because that essentially means that Twitter cannot make the claim of free speech

02:07while taking these petitions to the court

02:09because they've essentially now been rejected by the Karnataka High Court.

02:13The Karnataka High Court has also gone ahead and said

02:15that social media cannot be allowed to continue unregulated

02:19and the centre must step in

02:21and there is an interpretation of the new 2021 IT rules

02:24that is required to be done by a judicial authority

02:27to ensure that social media can be regulated

02:30and the laws can be implemented

02:32with regard to the social media companies properly.

02:35It remains to be seen now whether or not Twitter will challenge this judgment

02:38before the Supreme Court of India.

02:40There is a very strong likelihood that they will do it

02:42because they are not going to take it lying down

02:44that the takedown orders have been issued to them

02:46and they will now be forced to take down the content

02:48that is published on their platform

02:50but it remains to be seen how soon they can file this petition

02:53before the Supreme Court

02:55and also as to whether or not the Supreme Court

02:57will even allow to entertain it in the first place.

03:01Right. Also, can you tell us what exactly was the petition filed for?

03:05What were the takedown orders issued by the government?

03:08So, the petition was essentially against a particular portal

03:12which has been launched by the government of India

03:14called the Sayog portal.

03:15Now, through this Sayog portal

03:17there are automatic takedown orders

03:19that are issued to social media companies

03:21like Twitter.

03:22Essentially, Twitter's case was

03:24that these orders cannot be issued

03:26without due application of mind by a particular person.

03:29So, the fact that it's being done automatically

03:31through this Sayog portal

03:33is a problem and should not be allowed.

03:34But at the same time

03:36the Karnataka High Court in its judgment

03:38has also spoken about this Sayog portal.

03:40They've talked about how they are trying to build

03:42a bridge or gap

03:43between the citizens

03:44and the kind of cyber crimes that are happening

03:46to try and ensure that the government

03:48can tackle these issues

03:49in the most effective manner.

03:51Another aspect that the court has spoken about

03:53at length while giving its judgment

03:55is the rapid pace at which technology is advancing

03:58because of which it is sometimes necessary

04:01for the governments to take some extreme measures

04:03to ensure that any crime that is happening

04:06through the web or through the internet

04:08can be tackled in a more effective manner.

04:10So, that Sayog portal

04:11is what was challenged by Twitter

04:12before the Karnataka High Court

04:13and they take down orders issued to that.

04:16But now those petitions have been dismissed

04:17and it remains to be seen

04:18what their future course of legal action is going to be.

04:21Right. Thank you, Nalini, for all those details.

04:23So, this is an extremely important judgment

04:25that's coming especially since it's going to impact

04:28many social media sites.

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