X Corp. (formerly known as Twitter), has challenged the Centre’s decision to block the ‘Hindutva Watch’ account, deeming it disproportionate and contrary to law, in the Delhi High Court. The social media giant filed an affidavit in response to a petition by journalist Raqib Hameed, the founder of Hindutva Watch, who is seeking to overturn the government’s order under the Information Technology Act to block his account.
During the proceedings, X Corp. argued that the blocking order issued by the Ministry of Electronics and Information Technology lacked sufficient justification and failed to provide the required evidence, making it impossible for the affected party to respond or defend effectively. The company emphasized that a more rights-conserving approach would involve targeting specific offending posts rather than imposing a blanket ban on the entire account.
Hindutva Watch, known for its focus on documenting hate crimes and speech against religious minorities and marginalized groups in India, saw its account blocked in January this year. X Corp. asserted that while some posts might be deemed unlawful, it does not justify the wholesale blocking of the account, as the platform can technically and historically address individual posts as required.
The plea also demands that the government produce the orders and findings of the Review Committee that led to the account’s suspension. Moreover, it calls for X Corp. to restore access to the @HindutvaWatchIn account immediately.
In its affidavit, X Corp. highlighted that the blocking of the entire account exceeds the limits prescribed under Article 19(2) of the Constitution, which allows reasonable restrictions on freedom of speech and expression. The social media company has expressed willingness to restore the account if so directed by the court but noted that the petition against it was not maintainable, as it acts as an intermediary, not part of the ‘State’ under Article 12 of the Constitution.
A meeting between X Corp. and the government on January 10 discussed the content in question, with X Corp. defending that the flagged posts were old and did not constitute incitement as claimed by the authorities. Nevertheless, the blocking order was issued on January 15.
The Delhi High Court is set to continue hearings on this matter on October 3, as the debate over digital rights and government control over online content continues to unfold.
