Bengaluru(PTI): Social media giant 'X' (formerly Twitter), owned by US billionaire Elon Musk, has filed a lawsuit in the Karnataka High Court against Government of India, challenging what it called unlawful content regulation and arbitrary censorship.

It raised concerns over the Centre's interpretation of the Information Technology (IT) Act, particularly its use of Section 79(3)(b), which 'X' argues violates Supreme Court rulings and undermines free expression online.

The lawsuit alleged the government is using the said section to create a parallel content-blocking mechanism, bypassing the structured legal process outlined in Section 69A.

'X' claimed this approach contradicts the Supreme Court's 2015 ruling in the Shreya Singhal case, which established that content can only be blocked through a proper judicial process or the legally defined route under Section 69A.

According to the Ministry of Information and Broadcasting (I&B), Section 79(3)(b) mandates online platforms to remove illegal content when directed by either a court order or a government notification.

If a platform fails to comply within 36 hours, it risks losing its safe harbor protection under Section 79(1) and could be held accountable under various laws, including the Indian Penal Code (IPC).

However, X has contested this interpretation, arguing that the provision does not grant the government independent authority to block content.

Instead, it accused authorities of misusing the law to impose arbitrary censorship without following due process.

Under Section 69A of the IT Act, the government has the power to block public access to digital content if it is deemed a threat to national security, sovereignty, or public order. However, this process is regulated by the 2009 Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, which require a structured review process before blocking decisions are made.

'X' has argued that instead of following these procedures, the government is using Section 79(3)(b) as a shortcut, allowing content to be removed without the necessary scrutiny. The platform sees this as a direct violation of legal safeguards meant to prevent arbitrary censorship.

Another major point in the social media platform's legal challenge is its opposition to the government's Sahyog portal.

Created by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, this platform was designed to streamline takedown requests under Section 79(3)(b) and facilitate direct communication between social media platforms and law enforcement agencies.

However, 'X' has refused to onboard an employee onto the Sahyog portal, claiming it acts as a "censorship tool" that pressures platforms to remove content without proper legal review.

The lawsuit argues that this is yet another attempt by the government to control online discourse without judicial oversight.

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Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.

Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.

After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.

A report on the matter has been submitted to the Election Commission of India for further action, the officer added.

Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.

Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.

“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).

He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.

“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.

When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”

Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.

“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.

He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.

“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.

The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.

“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.

Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”

Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.

Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.

“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.

Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.