In an unprecedented move, social media platform X (formerly Twitter) has thrown its support behind Hindutva Watch's legal challenge against the Indian government's blocking order. The microblogging site told the Delhi High Court that it backs the US-based research project's plea to restore its blocked account.
Hindutva Watch, an initiative that documents hate crimes against religious minorities in India, saw its X account (@HindutvaWatchin) blocked by the Indian government in January 2024. The project's founder, Raqib Hameed Naik, subsequently filed a lawsuit requesting the Delhi High Court to direct the restoration of the account.
In an affidavit filed on 24 September, X stated that the court should set aside the blocking orders issued by the government under Section 69 of the IT Act. The platform clarified that it “does not oppose” Naik's request to restore access to the account.
X's stance marks a substantial development in the ongoing debate over content moderation and freedom of speech on social media platforms. The company has previously clashed with the Indian government over similar issues, including the removal of controversial content and compliance with local laws.
The microblogging platform has gone a step further by supporting Hindutva Watch's plea for the government to disclose records pertaining to the blocking order. Under the 2009 Blocking Rules, such orders are typically confidential. X has requested the court to direct the government to produce orders and findings of the review committee, proceedings which are also usually kept confidential.
Recounting the events, X revealed that in January 2024, the Ministry of Electronics and Information Technology (MeitY) issued a notice proposing to block several URLs, including Hindutva Watch's entire account, citing potential incitement of violence and disruption of public order.
During a subsequent meeting, X argued that the flagged posts were old and not inciteful, making the blocking of the entire account unjustified. Despite these objections, the government issued a blocking order on 15 January 2024. X noted that the order did not provide reasons as required by Section 69A (1) of the IT Act.
On 30 January 2024, X filed an objection letter reiterating its stance against blocking the entire account. The platform also requested a hearing before the Review Committee under Rule 14 of the Blocking Rules but received no response.
In its court filing, X stated, “It is admitted that Respondent No. 1's (Union of India) blocking of the Petitioner's (Hindutva Watch founder) entire social media accounts on the basis of certain alleged offending posts is contrary to Section 69A of the IT Act, disproportionate, and exceeds the limits prescribed under Article 19(2) of the Constitution.”
The platform added, “It is admitted that a possible and less rights-infringing approach would involve the removal of specific posts, if found to be in violation of the law.”
X emphasised that the blocking order did not contain reasons, despite the requirement under Section 69A(1) of the IT Act. The company also argued that the order violates the Supreme Court's ruling in the Shreya Singhal case.
However, X maintained that Naik's writ petition is not maintainable against the platform, as it is merely an intermediary and not part of the “State” under Article 12 of the Constitution.
Hindutva Watch, founded by Naik in April 2021, is an independent research project monitoring reports of attacks on Muslims and marginalised communities by Hindutva groups in India. The initiative regularly posted videos and news snippets about such violence on its X account before it was blocked.
Naik, who moved to the United States in 2020, told Scroll in January that the blocking of Hindutva Watch's account was “not surprising in view of the ruling regime's track record of suppressing critical voices”. He added, “This won't deter us from our work, and we will continue undeterred.”
The case has drawn attention to the broader issue of online content moderation in India. Last year, X also withheld the accounts of other US-based human rights organisations, including the Indian American Muslim Council and Hindus for Human Rights, in response to legal demands from the Indian government.
The Delhi High Court is scheduled to hear the matter next on 3 October 2024.
