Context : X Corp has challenged the Indian government’s content blocking orders and the Sahyog portal, raising concerns over digital censorship, legal overreach, and freedom of speech.
Relevance : GS-2 (Governance, Constitution, Polity & Social Justice )
X Corp’s Legal Challenge:
- X Corp (formerly Twitter) has filed a petition in the Karnataka High Court against the Indian government’s content blocking orders.
- The company is opposing the Centre’s newly introduced Sahyog portal, calling it a “censorship portal”.
- X Corp argues that the portal allows excessive government control over content removal by enabling all government agencies, including local police, to issue blocking orders.
Legal Provisions in Question:
- Section 69A of the IT Act, 2000:
- Allows the Union government to block public access to content for reasons like sovereignty, security, public order, or preventing incitement.
- Supreme Court’s Shreya Singhal vs Union of India (2015) judgment laid down procedural safeguards to prevent misuse.
- Section 79(3)(b) of the IT Act, 2000:
- States that intermediaries (like social media platforms) lose protection from liability if they fail to remove unlawful content when notified by the government.
- X Corp argues that this does not grant the government the power to issue blocking orders.
X Corp’s Concerns:
- The Union Ministry of Electronics and IT (MeitY) misused Section 79(3)(b) by allowing various government agencies to issue blocking orders.
- The Sahyog portal was created to enforce such orders without the procedural safeguards required under Section 69A.
- X Corp fears coercive action if it does not comply with orders issued via Sahyog or fails to appoint a nodal officer for coordination.
Government’s Standpoint:
- Officials claim that Section 79 orders do not mandate blocking, but merely notify intermediaries about illegal content.
- The government insists that the Sahyog portal is not a censorship tool, but a mechanism to ensure faster compliance.
Legal and Expert Opinions:
- Prasanth Sugathan (Software Freedom Law Centre, India):
- Expressed concerns over the Sahyog portal allowing mass complaints without procedural safeguards.
- Government’s Argument in Court:
- The Additional Solicitor-General argued that no interim relief was required as there was no immediate action against X Corp.
Next Steps:
- Karnataka High Court hearing scheduled for March 27 to determine the legal standing of Sahyog and the government’s blocking mechanism.
