Setback to Elon Musk's X Corp, Karnataka HC dismisses plea on Govt’s power to issue blocking order under IT Act

Elon Musk’s X Corp suffered a setback on Wednesday, September 24, as the Karnataka High Court (HC) dismissed its petition challenging the Centre’s authority to issue information blocking orders under the Information Technology Act. In its order, the Karnataka HC bench presided over by Justice M Nagaprasanna said that the X Corp's petition lacks merit and maintained that the social media needs regulation, especially in the cases of offences against women.

The Karnataka HC said, “Petition lacks merit, stands rejected. Social media needs to be regulated, it's regulation is a must, more so in cases of offenses against women.”

“Social media needs to be regulated, and it's regulation is a must, more so in cases of offenses against women, in particular, failing which the right to dignity, as ordained in the Constitution of a citizen gets railroaded,” the court maintained. Also Read | Elon Musk, X Corp to settle $500-million lawsuit over Twitter firings

What did the court say?

While dictating the order, Justice M Nagaprassana said social media cannot be left in a state of “anarchich freedom.”

"Regulation of information in this domain is neither novel nor unique. United States of America regulates it. Every sovereign nation regulates it. And India's resolve likewise, cannot by any stretch of Constitutional imagination, be branded as unlawful. Unregulated speech under the guise of liberty becomes a license to lawlessness. Regulated speech by contrast, preserves both liberty and order, the twin pillars upon which the democracy must stand. No social media platform in the modern day agora may even seem the semblance of exemption from rigour of discipline of laws of the land. None may presume to treat the Indian marketplace as a mere playground where information can be disseminated in defiance of statute or disregard to legality, and later adopting a posture of detachment or a hands off...The content on social media needs to be regulated and its regulation is a must, more so in cases of offences against women in particular failing which right to dignity as ordained in the Constitution gets railroaded,” LiveLaw quoted the judge as saying.

The court observed that the X Corp follows the takedown orders in the United States of America, the birthplace and footland of ‘X’ as it criminalises its violation.

“But the same petitioner refuses to follow the same on the shores of this nation of a similar takedown orders which are founded upon illegality. This is sans countenance. The petition for all the aforesaid reasons lacking in merit stands rejected,” Justice Nagaprasanna said.

(With agency inputs)