In an affidavit filed before the High Court, X said that it respects India’s rights to enforce its laws within its jurisdiction.
But accepting the argument that an Indian court can decide what information people in other countries can see would mean that foreign courts, like the courts of Pakistan and China, could dictate what the citizens of India can or cannot access on the Internet, the reply stated.
“Imagine if another country had the power to decide what Indian citizens could or could not see on the Internet. Plaintiff’s argument essentially means that the courts of another country, like the courts of Pakistan or China, have the power to dictate what information Indian citizens can or cannot see online,” X Corp has argued.
It added,
“A direction to remove the posts in all countries – as opposed to restrict the posts in India – would be contrary to international law and the principles of comity of nations… It would extend beyond this Hon’ble Court’s jurisdictional reach, and would encroach upon the sovereignty of all other countries, including the United States, where different legal standards and protections apply.”
Source: Barandbench
