Elon Musk’s X Sues Indian Government Over Censorship Amid Tesla and Starlink Expansion
Elon Musk’s social media platform, X, has filed a lawsuit against the Indian government, alleging unlawful censorship of online content. This legal action comes as Musk is actively pursuing business opportunities in India, including the launch of Tesla and Starlink. The lawsuit raises questions about how this legal battle might affect Musk’s ambitions in one of the world’s fastest-growing markets.
The lawsuit, filed in the Karnataka High Court on March 5, claims that the Indian government is using an “impermissible parallel mechanism” to block online content. This mechanism allows government officials to remove content without following the legal process outlined in India’s Information Technology Act. X argues that this approach subjects the platform to “arbitrary censorship,” undermining free speech and transparency.
The timing of the lawsuit is notable, as Musk has been actively engaging with Indian Prime Minister Narendra Modi to expand his businesses in the country. During a meeting in Washington, DC, in February, Musk and Modi discussed collaborations in artificial intelligence, space exploration, and sustainable development. However, the lawsuit could complicate these efforts, especially as Musk prepares to introduce Tesla and Starlink to the Indian market.
Why X is Suing the Indian Government
X’s lawsuit centers on the Indian government’s use of Section 79(3)(b) of the Information Technology Act, which allows officials to issue takedown orders without judicial oversight. This provision bypasses the established legal process under Section 69A, which requires the Ministry of Electronics and Information Technology (MeitY) to review and approve content removal requests.
The government has introduced the “Sahyog” portal, a platform where social media companies like X are required to register. Through this portal, government departments can issue takedown requests directly, without involving MeitY. X claims that this system enables “arbitrary censorship” and violates the principles of free speech.
Apar Gupta, a lawyer and co-founder of the Internet Freedom Foundation, explained that the new system lacks safeguards. “Any government department can designate an officer to send takedown requests, bypassing the central government. This was evident earlier this year when the railway ministry ordered X to remove over 200 videos related to a stampede in New Delhi,” he said.
Controversy Over X’s Chatbot Grok
While the lawsuit focuses on censorship, X’s in-built chatbot, Grok, has also sparked controversy in India. Grok has generated responses to user queries that the ruling Bharatiya Janata Party (BJP) government considers “abusive and controversial.” For instance, when asked if Prime Minister Modi’s interviews are scripted, Grok responded by calling Modi a “PR machine” who rarely engages in impromptu moments.
Gupta noted that Grok’s responses are based on publicly available data, including Wikipedia articles and journalistic content. “Grok provides users with a platform to ask critical questions, but it also reflects the biases and misinformation present in its training data,” he said. However, Gupta emphasized that the lawsuit is unrelated to the chatbot’s responses, as it predates the controversy.
The Indian government has been in talks with X about moderating Grok’s content, but the platform maintains that its lawsuit is focused on broader censorship issues.
Impact on X Users in India
For X users in India, the lawsuit highlights the ongoing tension between the government and social media platforms. Gupta pointed out that the Indian government often exceeds its constitutional limits by demanding censorship for political reasons. “Any pushback by platforms like X supports the cause of free expression, which is crucial in a society with high levels of censorship,” he said.
However, X’s own transparency issues complicate the matter. The platform has historically been criticized for its opaque content moderation practices. Since Musk’s takeover, X has also stopped reporting government takedown requests, a practice that was previously routine.
Gupta added, “While X’s lawsuit challenges government overreach, the platform itself is not a model of corporate responsibility. Users should be aware of these complexities when evaluating the case.”
Will the Lawsuit Harm Musk’s Prospects in India?
Experts believe that the lawsuit is unlikely to derail Musk’s plans in India. Michael Kugelman, director of the South Asia Institute at The Wilson Center, noted that Musk operates with significant leverage due to his wealth and the investment capital he brings to high-growth sectors like telecoms and renewables.
“Musk’s proximity to former President Donald Trump further strengthens his position. He can pursue his business interests while advocating for free speech on social media,” Kugelman said. Musk has already secured agreements with Indian telecom companies to provide Starlink services and is in discussions to establish a Tesla manufacturing base in the country.
Kugelman also downplayed the lawsuit’s impact on US-India relations. “Given the depth of cooperation between the two countries, this legal dispute is a minor issue. The Indian market is too valuable for Musk to walk away from,” he added.
