
Social media monitors us constantly, need to regulate: Centre tells HC
The hearing, before Justice N Nagaprasanna, pertained to X Corp's challenge to the applicability of Section 79(3)(b) of the Information Technology Act. It had earlier contended that Section 79(3)(b) of the IT Act, often used to justify takedown directives, cannot serve as an independent source of executive power to block content. It said that blocking orders can only be issued through due process under Section 69A read with the IT Rules and not via direct instructions under Section 79. Highlighting the extent of digital surveillance, Mehta told the court: 'Today, even a smart TV with a camera is a potential surveillance tool. Many public figures ask visitors to leave their phones outside because these devices have effectively become recorders.
We are being continuously monitored by social media,' he said. The Solicitor General also touched upon the growing influence of Artificial Intelligence, calling it a developmental boon but also a potential hazard.He noted that legal frameworks must evolve to address the threats posed by technological advances. Dismissing X Corp's claim that it enjoys rights under Article 19 (Freedom of Speech and Expression), Mehta asserted that such protections are reserved for individuals, not platforms. 'X is simply a notice board. Only those who post content can claim Article 19 protections,' he said, adding that the Supreme Court in Shreya Singhal v Union of India had clarified that content on public platforms can be regulated in public interest. The case will be heard again on July 18.
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Scroll.in
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Bengal governor returns bill proposing death penalty for rape convicts to state for reconsideration
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Hindustan Times
an hour ago
- Hindustan Times
X says Sahyog portal a ‘wolf in sheep's clothing' before HC
X Corp on Friday accused the Union government of using the 'innocuously named' Sahyog portal as a 'wolf in sheep's clothing' to issue illegal content blocking orders that bypass statutory safeguards, escalating its legal challenge against what it calls an unconstitutional censorship mechanism. X says Sahyog portal a 'wolf in sheep's clothing' before HC Appearing before the Karnataka High Court, senior advocate KG Raghavan argued further on the company's core content that the government was misusing Section 79(3)(b) of the Information Technology Act and Rule 3(1)(d) of the 2021 IT Rules to circumvent due process protections upheld by the Supreme Court in the landmark Shreya Singhal case. 'It is innocuously named but it is a wolf in sheep's clothing. We are a responsible business and we will abide by the law of every country we operate in. But the question is what is the correct law?' Raghavan told Justice M Nagaprasanna. 'The same grounds of sovereignty, integrity, public order are used under Section 69A. Then why use Section 79 at all? This amounts to a dangerous circumvention of law,' he argued. The hearing represented the latest round in X's challenge to the government's directive mandating social media platforms join the Sahyog portal, a centralised system for content takedown requests that the company argues violates constitutional principles. X's core argument centres on the interpretation of Section 79 of the IT Act, which provides 'safe harbour' protection to intermediaries from legal liability for user-generated content. The platform contends this provision is a protective shield rather than an empowering mechanism for government officials to issue takedown orders. 'If your interpretation of Section 79 is accepted, then any officer in this country can decide what is lawful or not, on a purely subjective basis. This is absurd and shocking. It allows officers to be both accuser and judge,' Raghavan argued. The government has revealed that 38 intermediaries including Google, Microsoft, Amazon and Telegram have joined the portal, with Meta currently testing integration. X remains the most prominent holdout, arguing the system allows thousands of government officials to issue content blocking orders without proper judicial oversight. Raghavan emphasised that empowering multiple government officials to issue takedown notices based on their discretion erodes the statutory safe harbour protection granted to intermediaries. He maintained that Section 79 should be understood as 'a statutory right, not an exemption granted at the government's discretion.' 'The fear psychosis being created undermines constitutional rights under Articles 14 and 19,' he said, arguing that procedural safeguards under Section 69A remain the only lawful route to block online content. Friday's hearing follow one from last week dramatic moments when Solicitor General Tushar Mehta created a fake X account named 'Supreme Court of Karnataka' to demonstrate misinformation risks, only to have the platform suspend the fictional handle during the hearing itself. The government has also challenged X's legal standing to bring the case, arguing that as a foreign company not incorporated in India, it cannot claim constitutional protections under Articles 14, 19, and 21. Mehta had previously warned that any resistance to takedown orders could result in X losing its immunity from legal consequences under Indian law, including withdrawal of safe harbour protection that shields it from liability for user content. The Karnataka High Court will continue hearing the matter on July 29.


Time of India
2 hours ago
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'25 likes & 5 comments': Cops book Facebook page, users for post targeting Karnataka CM Siddaramaiah
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