The Internet Freedom Foundation (IFF) has labeled a government order demanding GitHub remove repositories linked to Jack Dorsey's BitChat project as unconstitutional. The digital rights group argues the takedown notice exceeds India's legal authority and poses a direct threat to free speech online.
What the order demands
Indian authorities directed GitHub, the Microsoft-owned code-hosting platform, to take down repositories associated with BitChat — a decentralized chat application backed by former Twitter CEO Jack Dorsey. The exact contents of the order haven't been made public, but IFF said it targets code that enables peer-to-peer messaging. The group warned that such broad takedowns could set a dangerous precedent for open-source development in India.
IFF's legal argument
In a statement, IFF said the order violates Article 19(1)(a) of India's Constitution, which guarantees freedom of speech and expression. The group contends that hosting source code is a form of protected speech and that the government's action exceeds its authority under Section 69A of the Information Technology Act. That provision allows blocking content only in the interest of sovereignty, security, or public order — conditions IFF says don't apply here. The foundation also noted that the order was issued without a court hearing or opportunity for GitHub to respond, raising due-process concerns.
Broader context
India has increasingly used its IT Act to block websites and apps, from Chinese-owned platforms during border tensions to messaging services that refused to break encryption. Critics say the process lacks transparency and often targets legitimate code repositories. The IFF has previously challenged similar takedowns, including orders against apps like TikTok and PUBG. This time, the target is a developer's project — not a consumer app — which the group says shows the government's expanding reach into the open-source ecosystem.
Jack Dorsey has not publicly commented on the order. GitHub has not confirmed whether it complied or is challenging the request. The company typically publishes transparency reports on government takedown demands, but the BitChat case hasn't appeared in its latest report.
What happens next
IFF has called on the government to withdraw the order and clarify its legal basis. The group is also urging GitHub to resist the demand and appeal through proper channels. For now, the repositories remain accessible in some regions, but the uncertainty hangs over developers who rely on GitHub to share code. The question is whether India's courts will get a chance to weigh in — or if the order will quietly disappear.
