The Karnataka High Court on Wednesday dismissed the petition challenging the Techdown order of the Central Government by X (East Twitter). The court clarified that it is mandatory for social media platforms to follow the country’s laws to work in India. The central government had directed Twitter to block some accounts and posts, but Twitter challenged these orders in the Karnataka High Court.
Twitter argued that he has the right to freedom of expression and works under American laws, so he does not need to follow India’s takedown orders. In response, the government said that any social media platforms in India have to follow the laws and rules of the country, and Article 19 only guarantees freedom of expression for Indian citizens, not for foreign companies or non-citizens.
Hearing the petition of X, the High Court said that the regulation of social media is a need today and companies cannot be allowed to work without control. The High Court also clarified that Article 19 of the Indian Constitution protects the freedom of expression only for citizens, that is, it cannot be applied to foreign companies or non-citizens. The High Court said that Twitter follows the United States laws, but refuses to follow the removal orders implemented in India. The court also said that every platform desirous of working in India must be familiar with the laws of the country.
“Rules and laws are different in India”
The High Court clarified that social media companies in India could not be allowed to work without monitoring, and uncontrolled online expression could cause disregard and chaos. The court also mentioned the cooperation portal to deal with cyber crime and said that the 2021 rules require a different interpretation from Shreya Singhal decision of 2011. The court also rejected the application of American jurisprudence in India, saying that rules and laws in India are different.
‘Rules should develop with technology’
Looking at the rapid changes in the digital world, the bench said, “Algorithms are constantly shaping the flow of information. Isn’t there a need to regulate and control social media dangers?” The court also said that as technology develops, rules must also develop and a new explanatory approach is required for IT rules of 2021. The court concluded that no social media platform can object to the laws of the country and clarified that the Indian market could not be considered as a playground.
