X Calling Sahyog Portal As Censorship Tool Condemnable: Govt

SUMMARY

The government said that the platform is a “facilitative mechanism” designed to streamline coordination between intermediaries and law enforcement agencies

The Centre argued that while Section 69A allows authorities to issue blocking orders, Section 79(3)(b) requires digital intermediaries to fulfill their obligations upon receiving notices

The submission came in the HC, which was hearing a petition filed by X challenging the government’s use of Section 79(3)(b) of the IT Act to take down and block content

The Centre has slammed social media platform X for calling the government’s Sahyog portal a “censorship” tool.

In a detailed response submitted before the Karnataka High Court (HC), the Centre, as per The Hindu businessline, termed X’s characterisation of the platform “unfortunate” and “condemnable.”

“It is misleading to label Sahyog as a censorship tool. By doing so, the petitioner is wrongfully presenting itself as a content creator rather than an intermediary. Such an assertion from a global platform like X is deeply regrettable and unacceptable,” the submission read.

The submission came as the HC was hearing a petition filed by X, challenging the government’s use of Section 79(3)(b) of the Information Technology (IT) Act to take down and block content. The plea argues that the provision contradicts Supreme Court’s judgement in the Shreya Singhal case, which permits blocking of content only via Section 69A of the IT Act or a court order.

In its submission, the government contended that X has misinterpreted the provisions of the IT Act, particularly Sections 69A and 79(3)(b). Putting forth its case, the Centre argued that Section 69A “explicitly” allows authorities to issue blocking orders under specific conditions and provides multiple safeguards for restriction of online content.

Drawing the distinction between Section 69A and 79(3)(b), the Centre said that the latter only requires digital intermediaries to fulfill their obligations upon receiving notices from agencies.

“The Section 79 framework does not authorise ‘blocking orders.’ Instead, it merely notifies intermediaries of their responsibilities. If they fail to comply, they risk losing safe harbour protections and facing action under Rule 7 of the IT Rules, 2021,” the government told the HC.

The Centre also reportedly noted that while Section 69A entails legal consequences for non-compliance with blocking orders, Section 79 determines the “conditions under which intermediaries can claim safe harbour protection”.

Training guns at the Elon Musk-led platform, the submission reportedly contended that the social media platform “incorrectly equated the blocking orders” issued under Section 69A with the “notices” issued under Section 79(3)(b).

On X describing Sahyog portal as “censorship” portal, the government said that the platform is a “facilitative mechanism” designed to streamline coordination between intermediaries and law enforcement agencies, adding that the portal provides a “structured platform” to ensure swift action against unlawful digital content.

Not stopping there, the government said that X has no inherent right to “host or defend” third-party content on its platform as the social media site is a “foreign commercial entity”. Citing a previous case filed by X, the government said that the Karnataka HC had ruled that Articles 19 and 21 of the Indian Constitution do not apply to the company.

The Many Troubles Of Big Techs In India

This is not the first time that X has landed into the crosshairs of Indian authorities. Previously, it filed a case against the Centre, challenging the take down orders issued by the IT ministry. In 2023, a single-judge bench of the HC quashed the social media platform’s plea and slapped a fine of INR 50 Lakh on X.

Not just this, Musk’s AI platform Grok is also under the scanner of the IT ministry over certain objectionable content.

On the other hand, big tech major Google, in 2022, was fined more than INR 2,200 Cr by the Competition Commission of India (CCI) for abusing its dominance in the Android devices market and with regards to its Play Store policies.

Earlier this week, National Company Law Appellate Tribunal (NCLAT) reportedly slashed the INR 936.44 Cr penalty in connection with the app marketplace case to INR 216 Cr. The Appellate Tribunal, however, partly upheld the CCI’s order that found Google guilty of flouting antitrust rules.

Meanwhile, the CCI also slapped a penalty of INR 213.14 Cr on social media juggernaut Meta for abusing its dominant position in connection with its messaging app WhatsApp’s 2021 privacy policy case.