India’s government has recently accused Elon Musk’s social media platform, X, of being a “habitual non-compliant platform” that has continuously disregarded content removal orders. These allegations were revealed in a non-public filing made by India’s IT ministry to the high court in Karnataka. In response to these accusations, X and India’s IT ministry have chosen not to comment on the matter.
The Ongoing Legal Battle
X, formerly known as Twitter, has been engaged in a long-standing legal dispute with Prime Minister Narendra Modi’s administration regarding allegations of non-compliance with content removal orders. This legal tussle reached a milestone in June when the Karnataka High Court fined X 5 million rupees ($60,291) for its failure to comply with numerous blocking orders without presenting any reasonable explanation.
Twitter, now X, challenged this ruling and appealed to a higher bench in the court, expressing concerns that the government could use this as a precedent to block more content and expand the scope of censorship. Moreover, X sought the court’s intervention to prevent the enforcement of the imposed fine. In a 28-page legal filing, India’s IT ministry responded to X’s plea, urging the court to dismiss it on the grounds that X had undermined the government’s role in a democratic setup and had even unblocked certain accounts without the government’s knowledge.
Poor Compliance Rates
The IT ministry’s filing highlighted X’s low compliance rates with government requests, arguing that it is the government’s responsibility to ensure platforms are operating in accordance with legal requirements. The ministry expressed its frustration with X’s failure to follow orders, which has contributed to the erosion of the government’s authority. This accusation further emphasizes the strained relationship between X and the Indian government, which dates back to 2021 when Twitter refused to comply with India’s request to block certain accounts related to farmer protests against government policies.
The Indian authorities have not only requested X to take down accounts related to farmer protests but have also demanded the removal of content supporting an independent Sikh state and posts accused of spreading misinformation about the protests. Additionally, tweets critical of the government’s handling of the COVID-19 pandemic have also been flagged for removal. These incidents demonstrate the ongoing clash between X’s commitment to freedom of expression and India’s pursuit of content moderation and censorship.
The Government’s Concerns
India’s government, in their recent court filing, warned against X’s attempt to assess the validity of government orders. They labeled it as “advocating a dangerous trend” and stated that allowing platforms like X to become the “final arbitrator of lawful orders” would set a problematic precedent. This concern raises questions about the balance between freedom of expression and the government’s ability to regulate online content.
It is worth noting that the legal dispute between X and the Indian government began before Elon Musk acquired the social media platform. However, since Musk’s ownership, X has intensified its legal challenge against the June ruling. This suggests that Musk is willing to pursue this legal battle, potentially due to his commitment to upholding freedom of expression principles.
The ongoing legal battle between India’s government and X highlights the complex dynamics between platforms and governments when it comes to content moderation and censorship. The accusations of non-compliance and the government’s concerns about platforms becoming the final judge of lawful orders raise important legal and ethical questions. As this legal battle unfolds, it remains to be seen how it will impact X’s operations in India and the broader landscape of digital freedom of expression in the country.
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