New Delhi: The Centre told the Karnataka High Court that unchecked unlawful content on social media under the guise of free speech poses a serious threat to democracy. It accused Elon Musk-owned X (formerly Twitter) of misusing the IT Act’s ‘safe harbour’ clause to dodge accountability.
Solicitor General Tushar Mehta argued that the right to free speech under Article 19(1)(a) is not absolute and cannot protect unlawful content. “There’s a clear difference between speech that enriches democratic debate and content that harms social stability,” he said.
The government clarified that ‘safe harbour’—a shield for social platforms from liability over user content—is not an inherent right, but a privilege tied to strict legal compliance. Mehta noted X had tried to shield itself from government action while failing its duties as an intermediary.
X had approached the court claiming that government orders to block content were arbitrary and harmed its platform’s operations, violating its rights under Article 14.
The Centre countered that X was wrongly treating ‘safe harbour’ as an unconditional protection while ignoring legal obligations under Sections 69A and 79 of the IT Act. It added that platforms like X actively shape public opinion using algorithms, making their accountability even more critical.
The government emphasized that digital intermediaries must act responsibly in curbing illegal content and cannot operate like traditional media without oversight.