An Indian court just delivered a crushing blow to Elon Musk's X, ruling that foreign companies can't claim free speech protections under India's constitution. The Karnataka High Court's Wednesday decision backs the government's controversial Sahyog portal for content takedowns, potentially reshaping how global tech platforms operate in the world's largest democracy.
The Karnataka High Court just handed Elon Musk's X a stinging defeat in its fight against India's content takedown system. In a Wednesday ruling that was livestreamed, senior judge M Nagaprasanna dismissed X's constitutional challenge with language that left no room for interpretation: "Article 19 of the Constitution of India... remains a Charter of Rights conferred upon citizens only."
The decision validates the Indian government's use of Sahyog - a centralized portal launched last October that allows authorities to directly order social media companies to remove content. X had sued the government in March, calling Sahyog a "censorship portal" and arguing the process violated free speech principles. The court wasn't buying it.
What makes this ruling particularly significant is its timing. Musk is betting big on India across multiple fronts - Tesla just launched operations there, and his satellite internet service Starlink recently secured final regulatory approval. India represents the world's second-largest internet user base and a government pushing for 30% electric vehicle adoption by 2030. Now that same government has legal backing to control what appears on Musk's social platform.
The dispute centers on far more than just X. Companies including Microsoft, Google, Meta, ShareChat, and LinkedIn have already integrated the Sahyog portal to remove content through an automated process. The system represents India's attempt to streamline content enforcement as more users come online - and as the government faces criticism over how it handles dissent.
Content takedown orders have surged in India over recent years, particularly during the 2020-2021 farmers' protests that saw widespread social media activity the government sought to control. The federal government argues Sahyog expedites removal of unlawful content, but critics worry it bypasses the structured safeguards built into India's Information Technology Act.
"Due diligence should not become a blanket obligation to comply," Kazim Rizvi, Founding Director of The Dialogue think tank, told TechCrunch. He warned that the portal should operate "strictly as a coordination and collection layer," with binding actions originating from competent authorities under existing IT laws.
