Context:
Social media platform X (formerly Twitter) has informed the Delhi High Court that it cannot be compelled to join the Union government’s SAHYOG portal, a move that raises concerns over government control of online content.
What is SAHYOG?
- A government-driven content takedown platform designed to facilitate real-time coordination between law enforcement agencies, social media platforms, and telecom providers.
- A follow-up to an October 2023 memorandum from the Ministry of Electronics and IT (MeitY) under Section 79 of the IT Act, which empowers government agencies to block online content.
Legal & Constitutional Concerns
- Bypassing Section 69A Protections:
- Section 69A of the IT Act allows content blocking only on specific grounds like national security and public order.
- It requires procedural safeguards, such as written justification, independent review, and approval by a designated officer.
- SAHYOG sidesteps these safeguards by enabling multiple government bodies, including state agencies and police, to issue takedown orders.
- Potential for Unchecked Censorship:
- The portal removes opportunities to challenge takedown requests, unlike Section 69A.
- There is no independent oversight, raising concerns of arbitrary content blocking.
- Violation of Supreme Court Precedent:
- The implementation of SAHYOG could be ultra vires, conflicting with the Shreya Singhal vs Union of India (2015) judgment, which struck down vague and overbroad provisions restricting free speech.
X’s Legal Challenge & Government’s Obligation
- X has filed petitions in both the Delhi and Karnataka High Courts, challenging SAHYOG as an unconstitutional restriction on digital platforms.
- The Ministry of Home Affairs (MHA) must disclose full details of SAHYOG to ensure transparency, legal compliance, and safeguards against misuse.
Implications & Outlook
- Free speech concerns: The portal could be used to suppress dissenting voices.
- Legal scrutiny: The High Court rulings on X’s petition will determine the constitutionality of SAHYOG.
- Regulatory balance: The government must ensure content moderation is transparent, legal, and not politically motivated.
X’s resistance highlights a growing tension between the government’s push for online regulation and fundamental rights like free sp
