Government Rebuts X Corp's 'Censorship' Label on Sahyog Portal

Team Finance Saathi

    29/Mar/2025

What's covered under the Article:

  • The Indian government refutes X Corp's labeling of the Sahyog portal as a censorship tool.​

  • Clarification on the distinct roles of Sections 69A and 79(3)(b) of the IT Act.​

  • Details of the legal dispute between X Corp and the Indian government regarding content regulation.

In a recent development, the Indian government has strongly objected to social media platform X Corp's characterization of the Sahyog portal as a "censorship" tool. This objection was articulated in a detailed response submitted to the Karnataka High Court, where the Centre countered claims made by X Corp in its petition challenging India's information-blocking framework. ​

The government emphasized that X Corp had misinterpreted provisions of the Information Technology (IT) Act, 2000, particularly Sections 69A and 79(3)(b). X Corp contended that Section 79(3)(b) does not authorize the government to issue content-blocking orders without adhering to the safeguards outlined in Section 69A and the Supreme Court's ruling in the Shreya Singhal case. ​

However, the Centre clarified that Section 69A explicitly permits the government to issue blocking orders under specific conditions and incorporates multiple safeguards for online content restriction. In contrast, Section 79(3)(b) requires intermediaries to fulfill their due diligence obligations upon receiving notices from authorized agencies. The government highlighted that Section 79 does not empower it to issue blocking orders but serves to notify intermediaries of their responsibilities. Non-compliance could result in the loss of safe harbor protections and potential action under Rule 7 of the IT Rules, 2021. ​

Addressing concerns about the Sahyog portal, the government described it as a facilitative mechanism designed to enhance coordination between intermediaries and law enforcement agencies. The portal aims to provide a structured platform for swift action against unlawful online content, benefiting both intermediaries and investigative authorities. The Centre deemed it misleading to label Sahyog as a censorship tool, asserting that such a portrayal is unfortunate and condemnable. ​

Furthermore, the government noted that X Corp, as a foreign commercial entity, lacks the inherent right to host or defend third-party content on its platform. It referenced a prior ruling by the Karnataka High Court, which stated that Articles 19 and 21 of the Indian Constitution do not apply to the company. This stance reinforces the government's position that the existing legal framework for information blocking is well-defined and distinct, countering claims of overreach. ​

The Sahyog portal, according to its official website, was developed to automate the process of sending notices to intermediaries by the Appropriate Government or its agency under the IT Act, 2000. Its purpose is to facilitate the removal or disabling of access to any information, data, or communication link being used to commit an unlawful act. By bringing together authorized agencies and intermediaries on a single platform, the portal ensures immediate action against unlawful online information. ​

This legal confrontation highlights the ongoing tension between global social media platforms and national governments over content regulation and the balance between freedom of expression and lawful oversight. As the case progresses, it will be pivotal in defining the boundaries and responsibilities of intermediaries operating within India's digital landscape.

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