2 days ago
'Every Tom, Dick and Harry is Authorised to Issue Content Takedown Orders': X Tells Karnataka HC
New Delhi: Lawyers of social media platform X – owned by billionaire Elon Musk – have told an Indian court that every "Tom, Dick, and Harry" government official have been authorised to issue content takedown orders.
This statement made by X's lawyer K.G. Raghavan before the Karnataka high court on Tuesday (July 1) drew a sharp rebuke from the Union government's counsel.
During the court hearing, Raghavan said that X had recently received a notice from the railways department to remove a video in which a car was being driven on a railway track. He told the court that while it was news the government found it unlawful.
"This is the danger, My Lord, that is done now, if every Tom, Dick, and Harry officer is authorised," Raghavan told the high court, reported Reuters.
Raghavan's statement resulted in immediate condemnation from solicitor general Tushar Mehta.
'Officers are not Tom, Dick, or Harry ... they are statutory functionaries. No social media intermediary can expect completely unregulated functioning,' said Mehta.
During the hearing presided by Justice M. Nagaprasanna, senior advocate Aditya Sondhi, appearing for an association of digital media houses, who has filed an intervention application argued, 'We are content creators who are ultimately affected by any take-down orders,' reported LiveLaw.
Justice Nagaprasanna also took objection to the 'Tom Dick and Harry" remarks.
'These are officers of the Union of India. I take objection to this. They are officers and not Tom, Dick and Harry,' said Justice Nagaprasanna during the hearing.
X has approached the court seeking a declaration that Section 79(3)(b) IT Act does not confer the authority to issue information blocking orders and such orders can only be issued after following the procedure under Section 69A of the Act read with the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules.
It is also seeking a direction to various ministries of the Union of India from taking coercive or prejudicial action against X in relation to any 'Information Blocking Orders' issued other than those issued in accordance with section 69A of the IT Act, read with the blocking rules.
The court posted the matter for final hearing on July 8 and permitted the petitioner to amend the petition and implead different ministries of the Union of India.
