Social media monitors us constantly, need to regulate: Centre tells HC

Hans India

2 days ago

Bengaluru: There was an urgent need for regulation in the digital space, due to the constant surveillance by social media, rising cybercrime, and the evolving threat landscape, the Centre told the Karnataka High Court during a hearing on the X Corp (formerly Twitter) case over content takedown directives. 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.
The hearing, before Justice N Nagaprasanna, pertained to X Corp's challenge to the applicability of Section 79(3)(b) of the Information Technology Act. It had earlier contended that Section 79(3)(b) of the IT Act, often used to justify takedown directives, cannot serve as an independent source of executive power to block content. It said that blocking orders can only be issued through due process under Section 69A read with the IT Rules and not via direct instructions under Section 79. Highlighting the extent of digital surveillance, Mehta told the court: 'Today, even a smart TV with a camera is a potential surveillance tool. Many public figures ask visitors to leave their phones outside because these devices have effectively become recorders.
We are being continuously monitored by social media,' he said. The Solicitor General also touched upon the growing influence of Artificial Intelligence, calling it a developmental boon but also a potential hazard.He noted that legal frameworks must evolve to address the threats posed by technological advances. Dismissing X Corp's claim that it enjoys rights under Article 19 (Freedom of Speech and Expression), Mehta asserted that such protections are reserved for individuals, not platforms. 'X is simply a notice board. Only those who post content can claim Article 19 protections,' he said, adding that the Supreme Court in Shreya Singhal v Union of India had clarified that content on public platforms can be regulated in public interest. The case will be heard again on July 18.