Priyanka Tiwari
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X Corp, the owner of the social media platform X, has filed a legal petition in the Karnataka High Court, arguing that the Indian government’s use of Section 79(3)(b) of the IT Act and the Sahyog Portal for content takedowns creates an unlawful and unregulated censorship mechanism that bypasses statutory safeguards. The petition, seen by Moneycontrol, contends that the government’s actions misinterpret Section 79(3)(b) and are in violation of the Supreme Court's ruling in the Shreya Singhal v. Union of India case.
The Core Issue: Misuse of Section 79(3)(b) for Content Censorship
X Corp claims that Section 79(3)(b), which was designed to provide a safe harbor for intermediaries, is being misused as a tool for content takedowns without adhering to the procedural safeguards outlined in Section 69A. These safeguards, according to the petition, include recording reasons in writing, providing a pre-decisional hearing, and allowing for legal challenges—all of which X asserts are being ignored in the government’s approach.
The company further argues that Section 69A is the only legal framework for blocking online content, and that using Section 79(3)(b) to bypass it is effectively nullifying the Supreme Court’s directives.
The Sahyog Portal and Lack of Transparency
A significant part of the petition centers on the Sahyog Portal, an online platform managed by the Ministry of Home Affairs (MHA) that enables state police and government departments to directly issue takedown requests. X Corp argues that this portal creates a parallel, unregulated censorship framework, where officials can remove content without transparency or oversight, bypassing the necessary procedural requirements of Section 69A.
X Corp also challenges the requirement to appoint a ‘Nodal Officer’ to facilitate compliance with directives issued through the Sahyog Portal, arguing that such a mandate lacks statutory legitimacy.
Contentions Against the Sahyog Portal
The introduction of the Sahyog Portal is particularly concerning for social media platforms like X, as it is designed to help report Child Sexual Abuse Material (CSAM) directly to Indian authorities. The platform also faces challenges related to compliance with Indian and U.S. laws, particularly following a 2024 Supreme Court ruling that mandates platforms report CSAM to Indian law enforcement under the POCSO Act.
X’s petition seeks to prevent the enforcement of takedown orders issued through the Sahyog Portal until a final decision is made, raising concerns over the lack of judicial scrutiny and transparency in the process.
What X Corp Is Seeking
The legal petition includes several key demands from the court:
- Clarification on Section 79(3)(b): X Corp seeks a declaration that Section 79(3)(b) does not grant the government the authority to issue blocking orders.
- Invalidation of Takedown Orders: X requests that all content takedown orders issued under Section 79(3)(b) be declared invalid.
- Restriction on the Enforcement of the Sahyog Portal: X calls for the restriction of enforcement of orders from the Sahyog Portal until a final ruling is made.
- Reaffirmation of Section 69A: X urges the court to reaffirm Section 69A as the sole statutory framework for online content blocking, ensuring proper legal safeguards and transparency.
Court Proceedings and Timeline
During the first hearing of the petition, the Indian government clarified that no action had been taken against X for not joining the Sahyog Portal. The court has granted X Corp the liberty to approach the court if the government takes any preemptive action against the company in the future. The next hearing for this case is scheduled for March 27, 2025.
This petition is not the first time X Corp has contested the Indian government’s content blocking framework. In 2022, the company had challenged takedown orders issued under Section 69A, citing a lack of transparency and potential violations of free speech protections.
As this legal battle continues, the outcome could have significant implications for the future of content regulation and online censorship in India.
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