Cannot be compelled to join Sahyog portal : X tells Delhi High Court

Context

• Social media platform X has informed the Delhi High Court that it cannot be compelled to come on board the Centre’s SAHYOG portal, which aims to create a unified framework to combat cybercrime, arguing that “X Corp has its own portal to process valid legal requests”.

• Pointing to the Supreme Court’s ruling in the Shreya Singal vs Union of India case, X argued that the SAHYOG portal falls outside the statutory scheme of Section 69A of the IT Act, which empowers the government to order online platforms to block information in specific circumstances.

• The portal would “create a parallel mechanism to the existing mechanism under Section 69A of the IT Act albeit without any procedures or safeguards. Thus, it is stated that X Corp cannot be compelled to come on the SAHYOG portal,” it said.

Section 69A of IT Act, 2000:

• Empowers the government to block public access to online information in interest of sovereignty, security, public order, or prevention of incitement.

• Requires written orders and procedural safeguards, upheld in the Shreya Singhal vs Union of India (2015) verdict by Supreme Court.

IT Act 2000

• The IT Act 2000 is India’s primary law governing cyber activities, digital transactions, and electronic governance.

• It provides a legal framework for cybersecurity, digital signatures, data protection, and penalties for cyber offenses

Sahyog Portal:

• It is an online platform developed to automate the issuance of notices to intermediaries for content removal under the IT Act 2000.

• Ministry Involved: Developed and managed by the Ministry of Home Affairs (MHA).

• Aim: To enable swift and coordinated action against unlawful digital content & create a clean and secure cyberspace for Indian citizens.

Functions:

• Brings together authorized government agencies and intermediaries on one digital platform.

• Facilitates the issuance, tracking, and monitoring of content removal notices.

• Enhances compliance, monitoring, and quick responses to cyber law violations.