Justice Sajeev Narula ruled that though X plays a critical role in information dissemination and influencing public opinion, it is a private entity and does not perform a public function or discharge a public duty.
“While ‘X’ plays a critical role in information dissemination and influencing public opinion, its core function is to provide a platform for expression—a service that has ‘public discourse’ as consequence, yet is private in operation. There is no directive, statutory or otherwise, from the government that delegates traditional state functions to ‘X’. The platform is not mandated to carry out public duties. ‘X’ is voluntary and user-driven, distinguishing it from entities that operate under a compulsion of law or provide services that are essential public utilities,” the Court said.
Source: Barandbench
