Why did X sue the government over SAHYOG?

• Social media platform X has sued the Union government in the Karnataka High Court for the SAHYOG portal, which it claims is a “censorship portal” that allows local police and government to demand takedowns of online content.

• The SAHYOG portal was developed to automate the process of sending notices to intermediaries by the Appropriate Government or its agency under the IT Act, 2000 to facilitate the removal or disabling of access to any information, data, or communication link being used to commit an unlawful act.

• The portal was disclosed during a Delhi High Court case filed by the parent of a “missing” 19-year-old in Shabana versus Govt of NCT of Delhi and Ors.

• The government and the MHA held a virtual conference with State police officials, informing them of the pilot.

• The main mandate of the SAHYOG portal is content takedown notices under Section 79(3)(b) of the Information Technology (IT) Act, 2000. X considers this illegal as only two laws govern internet takedowns in India.

• X argues that Section 79(3)(b) of the IT Act does not authorize the government to issue information blocking orders.

• The government has argued that the “takedown” orders are not blocking orders and that non-compliance of the notices results in lifting of safe harbor protection and consequent action under extant law.

• The potential for censorship even in such an indirect content governance regime has elicited concerns.