The Indian government has described Elon Musk’s platform, X, as a “habitual non-compliant platform”, claiming it has consistently failed to adhere to multiple directives to remove specific content. This assertion appears in a legal filing examined by Reuters, highlighting concerns over the government’s authority.
The comments were part of a confidential filing submitted by India’s IT ministry on August 24 to the high court in Karnataka. The court is set to address a legal challenge initiated by X in response to a fine imposed by the government.
Both X and India’s IT ministry have not responded to requests for comments from Reuters.
Previously known as Twitter, X is currently involved in a legal dispute with Prime Minister Narendra Modi’s government regarding allegations of non-compliance with orders to restrict certain content.
In June, the Karnataka High Court penalized X with a fine of 5 million rupees (approximately $60,291), citing the platform’s failure to comply with numerous content-blocking orders without providing valid justification.
X has appealed this ruling to a higher court and argued that the government’s actions could lead to an increase in content restrictions and broaden its censorship capabilities.
Additionally, X has requested the court’s help to overturn the imposed fine. The IT ministry’s 28-page document asserts that X’s appeal should be dismissed, contending that the platform has undermined the government’s role within a democratic framework. The filing also alleges that X has reinstated accounts that the government had ordered to be blocked, without prior notification.
The IT ministry’s filing indicates that X’s “compliance rates with government requests have been significantly low.” It emphasizes the government’s responsibility to ensure that platforms operate within legal boundaries.
The relationship between India and X has been fraught for several years, tracing back to 2021 when the platform refused to remove certain accounts associated with farmer protests against government policies.
Indian authorities have urged the company to erase various types of content, including accounts that support an independent Sikh state, posts purportedly spreading misinformation about farmer protests, and tweets critical of the government’s management of the COVID-19 pandemic.
The ruling against X in June was the result of a lawsuit initiated by the company in 2022, prior to Musk’s acquisition of the platform, challenging numerous content removal directives issued by India.
Since Musk took ownership, X has been actively pursuing legal recourse against that ruling from August onward.
In its recent court filing, the Indian government contends that X is “advocating a dangerous trend” by questioning the legitimacy of government orders. It warns that allowing such claims would position all platforms as the “final arbitrators of lawful orders.”
These ongoing legal battles coincide with discussions surrounding Musk’s Tesla and plans to establish a manufacturing facility in India for electric vehicles.
© Thomson Reuters 2023
