Foreign companies, including X Corp, cannot claim free speech rights under Article 19 of the Indian Constitution.
The Karnataka High Court upheld the legality of the government's Sahyog portal for content takedowns.
The court emphasized that freedom of speech is subject to reasonable restrictions and must be regulated to prevent lawlessness.
Karnataka High Court Rules Foreign Firms Can't Claim Free Speech Rights Under Article 19
X Corp had contested the legality of the government's Sahyog portal, arguing that it bypassed due process and violated constitutional safeguards.
Summary
The Karnataka High Court has dismissed X Corp's (formerly Twitter) petition challenging India's content takedown orders, ruling that foreign companies cannot invoke the fundamental right to free speech under Article 19 of the Indian Constitution. Justice M Nagaprasanna emphasized that such rights are reserved exclusively for Indian citizens, and foreign entities must comply with the country's regulatory framework to operate within its jurisdiction.
X Corp had contested the legality of the government's Sahyog portal, arguing that it bypassed due process and violated constitutional safeguards. The court, however, upheld the portal's validity, stating it was conceived under the authority of Section 79(3)(b) of the Information Technology Act and serves as a mechanism to combat cybercrime and maintain public order.
The judgment reaffirms that freedom of speech under Article 19(1)(a) is subject to reasonable restrictions and is not absolute. The court highlighted that unregulated speech can lead to lawlessness and emphasized the need for regulation in the digital age.
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