Explained: Why Elon Musk's X is suing Centre over ‘unlawful’ content blocking via Sahyog Portal

Tech billionaire Elon Musk-owned social media platform X has reportedly filed a legal petition in the Karnataka High Court challenging the Central government's use of Section 79(3)(b) of the Information Technology (IT) Act for content blocking. According to X Corp, reports claimed, this provision is being misused to create a censorship mechanism through the Sahyog Portal, bypassing the statutory safeguards outlined in Section 69A. 

What the petition says

The X plea claimed that the Centre's use of the provision of Section 79(3)(b) of the IT Act is harming its ability to operate in the country and creating arbitrary censorship. 

The petition claimed that Section 69A is the only valid legal framework for blocking online content and any deviation from this nullifies the Supreme Court’s directives. “The law mandates that information blocking can only be carried out under Section 69A, which provides for judicial scrutiny. By using Section 79(3)(b) as an alternative mechanism, the government is effectively nullifying the Supreme Court’s directives,” media reports quoted from the petition.

In the petition, X Corp claimed that the misuse of Section 79(3)(b) infringes on constitutional rights, specifically Article 14, which guarantees equality before the law, and Article 19(1)(a), which ensures freedom of speech and expression. 

Further, the company is seeking a judicial declaration that Section 79(3)(b) does not grant the government authority to issue blocking orders and wants all takedown orders under it invalidated. 

The legal dispute revolves around the interpretation and application of Section 79(3)(b), which X Corp reportedly argued is intended as a safe harbour provision for intermediaries and not as a tool for government censorship. The petition reportedly pointed out that the government's approach bypasses the mandated procedural safeguards such as recording reasons in writing and providing pre-decisional hearings, which are required under Section 69A. 

A central issue in the petition is the Sahyog Portal, managed by the Ministry of Home Affairs, which allegedly allows state police and various government departments to issue takedown requests without following legal due processes. X Corp plea contended that this portal enables thousands of officials to order content removals without transparency or oversight, raising significant concerns about unregulated censorship. 

The company has also apparently contested the requirement to appoint a 'Nodal Officer' for compliance with directives issued through the Sahyog Portal, arguing that this mandate lacks statutory legitimacy. This legal action follows a previous challenge in 2022, where X Corp contested takedown orders under Section 69A for lacking transparency and violating free speech protections. 

The court has allowed X Corp to return to address the matter should the government take any preemptive action. The next hearing is scheduled for March 27. 

What is the Sahyog Portal?

The Sahyog Portal is an initiative to enhance cooperation between government agencies and social media intermediaries to create a safer cyberspace. It was designed to facilitate the reporting and removal of unlawful content online, as well as streamline data requests from law enforcement agencies.

The portal allows collaboration between authorized agencies from the Central and state governments to work together with social media platforms to address cybercrime effectively. 

Among the major challenges to the adoption of the Sahyog Portal is the resistance from X, the popular social media platform in the country. Notably, 38 other intermediaries, including Meta, WhatsApp, Apple, Amazon, Telegram, and Instagram, have been "onboarded", while 15 intermediaries are in the process. Approval process is underway to onboard cryptocurrency exchanges, it is learnt. 

However, some stakeholders have raised concerns about compliance with privacy laws and the potential for misuse of data collected through the portal. This has led to apprehension on the willingness of intermediaries to engage with the system fully.