The Central government has strongly objected to claims of censorship made by Elon Musk-owned social media platform X (formerly Twitter) regarding its Sahyog portal.
Government’s Allegations
In an affidavit submitted to the Karnataka High Court, the government condemned X’s decision to label its Sahyog portal as a ‘censorship portal’, calling the statement erroneous and inappropriate. The government argued that X’s concern over censorship is groundless and that the platform is wrongly equating itself with individual users who post content.
“The use of such terminology by a global platform like X is unfortunate and condemnable,” the affidavit stated.
X’s Legal Challenge
X had approached the High Court challenging the creation and use of the Sahyog portal, an online system that allows authorities to issue information-blocking orders. The platform argued that this bypasses the safeguards required under Section 69A of the Information Technology (IT) Act, 2000 and violates the Supreme Court’s ruling in Shreya Singhal v. Union of India.
The platform also claimed that the government’s actions undermine the legal framework established under the IT Act.
Safe Harbour Protections
Responding to X’s challenge, the government asserted that safe harbour protections under Section 79 of the IT Act do not give intermediaries an absolute right to host or defend third-party content. It stated that X, as a foreign entity, does not have fundamental rights under Part III of the Indian Constitution.
“The intermediary, as per the IT Act, has no right or authority to challenge government orders on behalf of its users. If it does, it risks losing its safe harbour protections,” the affidavit argued.
Additionally, the government clarified that safe harbour is not a constitutional right under Article 19(1)(a) (freedom of speech and expression) but a conditional protection, requiring intermediaries to demonstrate due diligence in compliance with local laws.
Court will now examine the case further to determine the legal standing of the Sahyog portal and whether X’s claims hold merit. The case is likely to have a major impact on the regulation of digital platforms and government oversight of online content in India.
Read More: Supreme Court, Delhi High Court, States High Court, International
