New Delhi: In a dramatic escalation of the ongoing tussle between global tech giants and the Indian government, social media platform X (formerly Twitter) has filed a lawsuit against the Union Government of India. The company has challenged the Centre’s move to enforce content regulation under the Information Technology (IT) Act, 2000, accusing it of bypassing constitutional safeguards and judicial scrutiny. This lawsuit could shape the future of online free speech and government control over digital platforms in India.
Why Has X Corp Sued the Indian Government?
At the heart of the dispute is the Indian government’s recent use of Section 79(3)(b) of the IT Act and the launch of a new mechanism called the ‘Sahyog’ portal. According to X Corp, these actions have created an “unlawful parallel censorship system” that overrides the procedural safeguards enshrined in the law.
Under Section 69A of the IT Act, the government has the power to block online content only under specific grounds like national security, public order, or decency. Importantly, this section mandates judicial oversight and strict procedural compliance. However, the new Sahyog portal, introduced by the Ministry of Electronics and Information Technology (MeitY) in 2024, allegedly allows government officials and state agencies to directly issue content removal orders through Section 79(3)(b), bypassing judicial review.
What is Section 79(3)(b)?
Section 79 generally offers “safe harbour protection” to intermediaries like social media companies, shielding them from liability for user-generated content. However, Section 79(3)(b) removes that protection if intermediaries fail to act upon government notifications to block or remove “unlawful” content.
X Corp argues that Section 79(3)(b) was never meant to be a content blocking tool but only a condition to determine legal immunity. By misusing this clause, the government is allegedly forcing social media platforms to comply with arbitrary censorship without any oversight or transparency.
Shreya Singhal Judgment: Supreme Court’s Landmark Ruling on Free Speech
X Corp’s lawsuit draws heavily from the 2015 Supreme Court judgment in the Shreya Singhal vs Union of India case, which struck down Section 66A of the IT Act for violating free speech. The apex court ruled that any content takedown must strictly follow Section 69A, which lays down precise grounds and procedural safeguards.
According to X, the MeitY directive—allowing the use of Section 79(3)(b) for content blocking via Sahyog—violates this Supreme Court judgment. X Corp told the Delhi High Court that the Sahyog portal is “unconstitutional” as it creates a parallel, unchecked mechanism outside the legal framework.
X Corp Refuses to Join the Government’s Sahyog Portal
During the hearing at the Delhi High Court, X Corp categorically refused to onboard the Sahyog platform. The company argued that it already operates its own dedicated portal to process valid legal requests and cannot be compelled to join a system that violates the IT Act’s statutory scheme.
“The Sahyog portal is outside the framework of Section 69A of the IT Act. It lacks procedures, safeguards, or judicial review. Forcing X Corp to comply would create a dangerous precedent for arbitrary censorship,” X’s legal team argued.
In contrast, the central agency accused X of non-cooperation, claiming that the platform had failed to respond to previous law enforcement requests.
Sahyog Portal and The Rise of Parallel Censorship in India
Launched in 2024, the Sahyog portal was presented as a unified platform where ministries, state governments, and police agencies could upload blocking orders. MeitY claimed this would streamline content regulation to tackle cybercrime and misinformation.
However, digital rights activists see this as a dangerous move. According to Apar Gupta, co-founder of the Internet Freedom Foundation, the government has created an unconstitutional censorship system by bypassing the strict checks of Section 69A.
For instance, earlier this year, the Railways Ministry used Sahyog to order X to remove over 200 videos related to a tragic stampede in New Delhi. Such actions, activists argue, highlight how Sahyog allows ministries to demand takedowns without judicial approval, increasing the risk of political censorship.
Impact of X Corp’s Lawsuit on Free Speech and Social Media in India
This legal battle is being closely watched as it raises critical questions about freedom of speech, government overreach, and digital rights in India. If X wins, it could reaffirm the primacy of judicial oversight in online content regulation. If the government prevails, it could set a precedent for unchecked censorship power in the hands of state and central agencies.
Apar Gupta emphasized, “India has seen rising digital authoritarianism. Platforms like X pushing back are crucial for protecting free speech. However, X itself isn’t a perfect corporate citizen, especially after Musk’s takeover, as it stopped publishing takedown reports, raising transparency concerns.”
Grok AI Chatbot Controversy: Is It Linked to the Lawsuit?
Around the same time, X’s AI chatbot Grok 3 landed in controversy for generating responses that criticized the Indian Prime Minister. When a user asked if PM Modi’s interviews were scripted, Grok replied affirmatively, sparking outrage in political circles.
However, legal experts clarified that the lawsuit is unrelated to the Grok controversy. The case, filed on March 5, 2025, in Karnataka High Court, focuses solely on the misuse of IT Act provisions and Sahyog portal.
“Grok has nothing to do with this lawsuit. Though Grok’s responses have angered the government, this case is about procedural violations by MeitY,” said Apar Gupta.
What Does This Mean for X Users in India?
The outcome of this case will have far-reaching consequences for millions of Indian users on X and other social media platforms. If Sahyog’s model is upheld, it could allow ministries and departments to bypass courts and demand takedowns, tightening the government’s grip over online narratives.
“There’s always friction between large platforms and the Indian government because of political censorship attempts. Any pushback helps the cause of free expression. But X needs to improve transparency too,” Gupta noted.
Will This Lawsuit Affect Elon Musk’s Business Interests in India?
The timing of the lawsuit is especially significant as Elon Musk is aggressively expanding his business empire in India. From launching Starlink satellite services to setting up a Tesla manufacturing base, Musk has been courting Indian markets.
Just last month, Musk met Prime Minister Narendra Modi in Washington DC to discuss AI, space, and renewable energy collaborations. Despite the lawsuit, experts believe this legal battle won’t harm Musk’s prospects in India.
According to Michael Kugelman from The Wilson Center, Washington DC, “Musk has immense leverage due to the capital he brings into India’s high-growth sectors. His proximity to Trump adds to that. India won’t risk jeopardizing Starlink or Tesla deals over this lawsuit.”
Kugelman added that this case is unlikely to impact broader US-India relations either. “This is a blip at best. The Indian market is too big to ignore, and X will likely continue operating here, regardless of the case’s outcome.”
What’s Next in the Legal Battle?
X Corp’s lawsuit was made public on March 20, 2025, with the next hearing scheduled for March 27 at Karnataka High Court. The outcome could redefine how social media platforms interact with governments in India and around the world.
The company has demanded that the court declare MeitY’s directive and the Sahyog portal “unconstitutional” and ensure that content regulation follows only the judicial process laid down in Section 69A.
Meanwhile, the Indian IT Ministry has not officially responded to X’s allegations, but officials maintain that “law applies equally to all” and social media platforms must comply with government regulations.
Conclusion: A Landmark Case for India’s Digital Future
X Corp’s lawsuit against the Indian government is not just about one social media platform; it’s a test case for India’s commitment to free speech and democratic values in the digital age. As India marches towards becoming the world’s largest digital economy, how it balances online regulation with individual rights will set a global precedent.
While Musk’s commercial ambitions in India remain intact, the courtroom clash will shape the rights of Indian users, determine the limits of state power online, and influence how foreign companies engage with India’s fast-growing tech ecosystem.
The world will be watching closely as this legal drama unfolds.
FAQs
1. Why has X (formerly Twitter) sued the Indian government in 2025?
X Corp filed a lawsuit against the Indian government for allegedly violating the IT Act by misusing Section 79(3)(b) through the Sahyog portal. The platform claims this creates an unconstitutional parallel censorship system that bypasses the judicial safeguards required under Section 69A of the IT Act, infringing on free speech rights.
2. What is the Sahyog portal and why is it controversial?
The Sahyog portal, launched by the Ministry of Electronics and Information Technology (MeitY) in 2024, allows government ministries, state governments, and law enforcement to directly issue online content removal orders. Critics argue that Sahyog bypasses the legal safeguards of Section 69A, enabling arbitrary censorship without judicial oversight.
3. How does the Shreya Singhal judgment relate to X’s case against the Indian government?
The Supreme Court’s Shreya Singhal judgment (2015) ruled that content blocking must strictly follow Section 69A of the IT Act, ensuring judicial scrutiny and limited grounds for censorship. X Corp argues that MeitY’s use of Section 79(3)(b) via Sahyog violates this judgment by circumventing these essential procedural safeguards.
4. Will X Corp’s lawsuit against the Indian government affect Elon Musk’s other businesses like Starlink and Tesla in India?
Experts believe the lawsuit is unlikely to impact Elon Musk’s business ventures in India, including Starlink and Tesla. Given India’s interest in high-growth sectors like space, renewable energy, and electric vehicles, Musk retains strong leverage. The case is expected to remain a legal dispute without affecting broader business prospects.
5. What could be the impact of this lawsuit on social media users in India?
The outcome of the lawsuit could have significant implications for free speech and digital rights in India. If the court rules in favor of X Corp, it may strengthen legal protections for social media users. However, if the government prevails, ministries could gain broader powers to censor content without court approval, raising censorship concerns.
