logo
Elon Musk's X can't push unlawful content citing 'safe harbour' clause: Indian govt to court

Elon Musk's X can't push unlawful content citing 'safe harbour' clause: Indian govt to court

First Post6 days ago
In a submission to the Karnataka High Court, the Centre maintained that Elon Musk's X can't push unlawful content in the name of 'free speech' and under the garb of the 'safe harbour' clause under the IT Act read more
A 3D-printed miniature model of Elon Musk and the X logo are seen in this illustration taken January 23, 2025. REUTERS/Dado Ruvic/Illustration
On Thursday, the Centre told the Karnataka High Court that allowing the proliferation of unlawful content on social media in the name of 'free speech' endangers the country's democracy. According to The Times of India, the Centre accused Elon Musk's X, formerly known as Twitter, of attempting to escape accountability.
The authorities noted that Musk's company is doing so by sheltering itself under the IT Act's 'safe harbour' protection, The Times of India reported. In the letter to the Karnataka High Court, Solicitor General Tushar Mehta said the constitutional protection to freedom of speech under Article 19(1)(a) must not be misunderstood as absolute protection even of unlawful content.
STORY CONTINUES BELOW THIS AD
'Constitutional jurisprudence clearly differentiates between protected speech that contributes meaningfully to democratic discourse and unlawful speech that undermines societal stability and individual rights,' Mehta said in the letter, according to a report by the TOI.
'Safe Harbour is not a right but a privilege'
The solicitor general noted that the 'Safe Harbour' provision in the IT Act is 'not an absolute right' but a 'privilege contingent upon strict adherence to statutory duties.' The statement from the Centre came after X moved the High Court seeking to restrain government departments from taking coercive action against the social media platform.
'Unlawful and unjustified orders harm the X platform and its ability to operate. The issuance of information blocking orders without following due process of law, and in violation of the IT Act and the Constitution, violates X's right to equality under Article 14 and detrimentally impacts its business," the Centre said in a written submission to the Karnataka High Court.
'Proliferation of what can be termed as unlawful content on social media platforms poses an unprecedented threat to public discourse, democracy and societal stability.' 'Social media intermediaries possess an unparalleled ability to amplify information instantaneously, without traditional barriers like language or geographical limitations, and thus carry significant responsibilities,' Mehta wrote in the submission.
Why it matters
The government's stance on the matter can have implications for all social media platforms operating in India. This also goes hand in hand with the calls to remove Section 230 of the US's Communications Decency Act, from which social media giants derive their immunity.
In the submission, the government argued that X attempted to present 'safe harbour' as an absolute right, devoid of any corresponding duties. 'Such a stand fundamentally misconstrues the very basis of this legal protection. 'Safe harbour' is not a constitutional guarantee but a statutory privilege, specifically designed to foster responsible conduct,' the submission said.
STORY CONTINUES BELOW THIS AD
The Centre said that social media platforms use 'amplification' mechanisms to push visibility of a particular type of view. 'The algorithms used by intermediaries actively curate and boost content, shaping public opinion and significantly influencing social harmony or disorder. This active role demands heightened accountability, necessitating robust regulation specifically tailored for social media, distinct from traditional media,' the submission reads.
With inputs from agencies.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Why punish Karnataka: Siddaramaiah on Goa Chief Minister's remark on river project
Why punish Karnataka: Siddaramaiah on Goa Chief Minister's remark on river project

India Today

time15 minutes ago

  • India Today

Why punish Karnataka: Siddaramaiah on Goa Chief Minister's remark on river project

Karnataka Chief Minister Siddaramaiah came down heavily on Goa Chief Minister Pramod Sawant on Wednesday for his recent comments on the Mahadayi river project, calling them an "insult to the people of Karnataka."Siddaramaiah questioned why the Union government had not officially communicated any concerns about the project. 'Is this how federalism works under BJP? Backdoor sabotage, silence, and betrayal?' he asked, accusing the Centre of acting in concert with the Goa government to block Karnataka's rightful claim. advertisementHe said the people of North Karnataka have been waiting for decades for access to drinking water, and the Mahadayi project was essential for survival, not a luxury. 'What crime have Kannadigas committed? Are we being punished for not surrendering to the BJP?' he said. Referring to the 2018 tribunal verdict, which allocated 13.42 Thousand Million Cubic (TMC) of water to Karnataka, the Chief Minister said the Centre and Goa's BJP-led government were jointly stalling the project despite the legal clearance.'This project will quench the thirst of over 40 lakh people in Belagavi, Dharwad, Gadag, Bagalkot and nearby regions. It is a lifeline, not a bargaining chip,' he also took aim at the state BJP and JD(S) leaders, accusing them of being spineless and silent. 'Their silence today will be remembered tomorrow,' he asserted that Karnataka would continue to fight 'legally, politically, and morally' to get its rightful share of water from the Mahadayi remarks came after Goa Chief Minister Pramod Sawant, speaking in the Goa Assembly, reportedly said that the Centre would not approve Karnataka's Mahadayi project and claimed Union Environment Minister Bhupender Yadav had assured him of the same.- EndsTune InMust Watch IN THIS STORY#Karnataka

History Today: How Twitter became X under Elon Musk
History Today: How Twitter became X under Elon Musk

First Post

time15 minutes ago

  • First Post

History Today: How Twitter became X under Elon Musk

One of the most important moments in the history of social media took place on July 24, 2023, when Twitter was replaced by X. With this, the iconic blue bird was also replaced by the black and white X symbol after entrepreneur Elon Musk acquired the social media platform in 2022 read more Elon Musk rebranded Twitter as X after he acquired the social media platform in 2022. File image/AP There was a time when people used to write their thoughts, opinions and even catch up with friends in 140 words. This was when social media platform Twitter was a favourite among the youth as well as celebrities. But, Twitter was replaced by X on July 24, 2023, after the company's takeover by billionaire entrepreneur Elon Musk. If you are a history geek who loves to learn about important events from the past, Firstpost Explainers' ongoing series, History Today, will be your one-stop destination to explore key events. STORY CONTINUES BELOW THIS AD One of the most spontaneous debates during the Cold War took place between then-US Vice President Richard Nixon and Soviet Premier Nikita Khrushchev during the opening of the American National Exhibition in Moscow on July 24, 1959. The debate is popularly known as the 'Kitchen Debate'. Here is all that happened on this day. Twitter was rebranded as X Twitter's blue bird was replaced by the black and white X on July 24, 202, after the one-of-its-kind social networking platform was rebranded as X. The rebranding was part of a transformation of Twitter into a future 'everything app' after it was taken over by entrepreneur Elon Musk. The move came just months after Musk acquired Twitter in October 2022 for $44 billion. Since then, the platform has undergone sweeping changes, from major staffing cuts and subscription model tweaks to controversial moderation policies. The rebrand to X was arguably the most symbolic and polarising change yet. The Twitter logo visible at then-Twitter headquarters in San Francisco. File image/Reuters Musk had long expressed his fascination with the letter 'X', evident in his other ventures like SpaceX and (an online bank he co-founded that later merged to form PayPal). He envisioned X as a platform that would move beyond just social networking, aiming to integrate various functionalities to create a comprehensive digital ecosystem, akin to China's WeChat. Critics viewed the rebrand as abrupt and disorienting. Twitter's bird logo and name had become deeply ingrained in global culture. Replacing this iconic identity left many users confused and nostalgic. Some branding experts called it one of the most aggressive and risky pivots in tech history. Musk explained that the X brand reflects his long-held vision of building a comprehensive digital hub that combines messaging, payments, audio, video and even job listings. 'Twitter was just a name,' he tweeted. 'X is the future of unlimited interactivity.' STORY CONTINUES BELOW THIS AD 'Kitchen Debate' between Nixon and Khrushchev On this day in 1959, then-US Vice President Richard Nixon and Soviet Premier Nikita Khrushchev engaged in a spontaneous and iconic exchange known as the 'Kitchen Debate'. It occurred at the opening of the American National Exhibition at Sokolniki Park, an event designed to showcase American consumer goods and lifestyle. The debate was largely impromptu, taking place in various sections of the exhibition, but most famously in a model of a typical American suburban home's kitchen, fully equipped with modern appliances like a dishwasher, refrigerator, and electric stove. Nixon proudly presented these items as evidence of the superiority of the capitalist system, arguing that they made life easier for American women and demonstrated the widespread affluence enjoyed by ordinary citizens. Richard Nixon and Nikita Khrushchev debating at the American National Exhibition in Moscow, 1959. Wikimedia Commons Khrushchev, however, scoffed at the displays, dismissing them as frivolous gadgets and questioning their true value. He boasted about Soviet industrial and scientific achievements, particularly in space, and asserted that the Soviet Union would soon surpass the U.S. in both production and living standards. At one point, Nixon said, 'This is the kind of thing that makes people want to live in our country,' gesturing toward the modern appliances. Khrushchev countered, 'Your capitalistic attitude toward women does not occur under communism.' The debate was spirited but respectful, filled with both posturing and humour. STORY CONTINUES BELOW THIS AD The Kitchen Debate wasn't just about domestic appliances - it symbolised the competition for global influence between two superpowers. This Day, That Year On this day in 1974, the US Supreme Court ruled that President Richard Nixon had to provide transcripts of Watergate tapes to special prosecutor Leon Jaworski. In 1944, Soviet forces liberated the Majdanek concentration and extermination camp on the outskirts of the city of Lublin, Poland. Brigham Young and his fellow Mormons arrived in Salt Lake City, Utah, on this day in 1847.

Karnataka High Court sets aside single judge order on differential property fee
Karnataka High Court sets aside single judge order on differential property fee

New Indian Express

time15 minutes ago

  • New Indian Express

Karnataka High Court sets aside single judge order on differential property fee

BENGALURU: The Karnataka High Court on Wednesday stayed the order passed by the single judge, who set aside the amendment to the Bruhat Bengaluru Mahanagara Palike Act to permit levy of fees for plan sanction, issuance of completion and occupancy certificates and ground rent, based on the guidance value or market value of the properties. However, the division bench clarified that the amount already collected on those heads has to be refunded, if the BBMP fails in its appeal filed before the court against the single judge's order. A division bench of Chief Justice Vibhu Bakhru and Justice CM Joshi passed the interim order after hearing the appeal filed by the BBMP questioning the single judge's order dated June 5. The single judge passed the order while disposing of the petitions filed by Sapthagiri Shelters and several individual property owners and land developers. The single judge observed that a uniform rate can be collected depending upon the size of the plot and the extent of constructions and services related to sanction of plan for building construction rendered by the BBMP has nothing to do with the market value of the property or any logic in linking rates with the guidance value of the properties in different areas, notified by the government under the Karnataka Stamp Act for collection of stamp duty. Declaring that the linking of the fee, leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965, to the market or guidance value for development of building or land or sanction for sub-division of plot or layout of Private Street under the Karnataka Town and Country Planning Authority Act, is illegal, the single judge had given liberty to the State Government and the BBMP to refix a standard fee after collecting empirical data.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store