Social media monitors us constantly, need to regulate: Centre tells Karnataka HC in X Corp case

Solicitor General Tushar Mehta, appearing for the Union Government, argued that internet intermediaries like 'X' must act responsibly and cannot claim the same constitutional rights as individuals.

Bengaluru: The Central government submitted before the Karnataka High Court that the digital landscape is facing many online threats and harmful content and requires coordinated efforts to make the internet a safer and accountable platform.

Solicitor General Tushar Mehta, appearing for the union government, made this submission while arguing in the petition filed by X Corp alleging that the union government is resorting to an unlawful information blocking regime without any protections/opportunity of hearing.

Tushar Mehta submitted that a device like a smart phone with cameras is a potential surveillance tool in this digital age. He said that of late high-ranking officials often request mobile phones to be left outside meetings due to recording capabilities in these phones, without even the knowledge of the user.

To this, the court remarked that while thoughts remain private, spoken words appear on phones, citing examples of popping up of advertisements the moment some issue relating to purchase or health is either discussed or written on text. The solicitor general also said that with the setting in of artificial intelligence in all fields, time has come for the law to meet technological advancement.

On the X Corp’s allegations, Tushar Mehta said that the take-down orders by the authorized official, the notification about unlawful content only affects the original poster rather than the platform. He further said that intermediaries should not host unlawful information affecting national sovereignty, public order, or morality when notified by authorities or courts.

In its petition, X Corp has stated the union government attempted to circumvent the protections that exist under the Information Technology (IT) Act, the Blocking Rules which have been upheld by the Apex Court in Shreya Singhal case in 2015. On October 31, 2023, the Ministry of Electronics and Information Technology (MeitY) had directed all central ministries, all State governments, states' deputy generals of police, and local police officers that they are authorised to issue information blocking orders under Section 79(3)(b) of the IT Act.

In its petition, X Corp has prayed for a direction that section 79(3)(b) of the IT Act does not authorise the government to issue information blocking orders in circumvention of section 69A, the Blocking Rules, and the Apex Court decision in Shreya Singhal case.