X to appeal Karnataka HC verdict upholding government’s Sahyog portal

Social media platform X, formerly known as Twitter, has announced that it will appeal the Karnataka High Court’s recent decision upholding the Union government’s controversial Sahyog portal, which enables police and other government agencies to request content takedowns without judicial review.

The platform said it was 'deeply concerned' by the ruling delivered by Justice M. Nagaprasanna and stressed that the verdict does not adequately address the constitutional challenges it had raised.

While X has not clarified whether it will escalate the matter to a division bench of the Karnataka High Court or move the Supreme Court, the Hindu reports that a spokesperson for the company did not respond to queries on the next legal step.

Concerns over censorship and criminal liability

Launched in 2023, the Sahyog portal allows state police and authorised agencies to issue takedown notices to social media platforms, which X has criticised as a broad, unconstitutional censorship tool. According to the company, the portal effectively bypasses due process and threatens platforms with criminal liability for failing to comply with unverified allegations of illegality.

'The Sahyog [portal] enables officers to order content removal based solely on allegations of ‘illegality,’ without judicial review or due process for the speakers, and threatens platforms with criminal liability for non-compliance,' X mentioned in a statement.

The platform added, 'X respects and complies with Indian law, but this order fails to address the core constitutional issues in our challenge and is inconsistent with the Bombay High Court’s recent ruling that a similar regime was unconstitutional.'

X was referring to a separate case involving the Union government’s fact-checking unit, which aimed to identify and flag misinformation relating to the government. Under that framework, any content flagged by the unit could result in the platform losing its legal immunity — the 'safe harbour' — for continuing to host it. In such cases, platforms like X would be treated as publishers and held liable for user-generated content.

The Bombay High Court had struck down that regime in September, ruling it unconstitutional. In contrast, the Karnataka High Court rejected X’s challenge to the Sahyog portal.

Justice Nagaprasanna reasoned that X, being a foreign company, could not invoke constitutional protections under Indian law, and emphasised the necessity of regulating social media companies.

'We respectfully disagree with the view that we have no right to raise these concerns because of our incorporation abroad — X contributes significantly to public discourse in India and the voice of our users is at the heart of our platform,' the company’s statement read.

X’s position reflects ongoing tensions between social media platforms and Indian authorities over content moderation and regulatory control. While the government argues that platforms must be held accountable for hosting unlawful or harmful content, tech firms have repeatedly warned that bypassing judicial oversight in takedown orders threatens free speech and imposes undue legal risks.

The outcome of the appeal can have far-reaching implications not only for X but also for how digital platforms are regulated in India in the years ahead.