SAHYOG Portal and Legal Concerns
The social media platform X has raised concerns regarding the Union government's proposed SAHYOG portal, highlighting potential misuse in the regulation of online content.
Purpose of the SAHYOG Portal
- Coordination Platform: Designed to aid in coordination among law enforcement, social media, and telecom providers for quicker unlawful content takedowns.
- Origin: Follows an office memorandum by the Ministry of Electronics and Information Technology in October 2023, leveraging Section 79 of the IT Act.
Legal Framework and Concerns
- Section 79 IT Act: Provides intermediaries safe harbour protection from liability for third-party content if certain conditions are met.
- Section 79(3)(b) Exception: Requires intermediaries to remove content upon government notification to maintain protection.
- Section 69A IT Act: Offers limited grounds for content blocking and mandates procedural safeguards like approvals and independent reviews.
Issues with SAHYOG
- Bypassing Safeguards: X claims the portal bypasses Section 69A's safeguards, enabling broad censorship by multiple government entities.
- Lack of Challenge Mechanisms: No apparent mechanisms exist to challenge blocking orders issued via SAHYOG.
- Legal Violations: Potentially ultra vires, conflicting with the Supreme Court's ruling in Shreya Singhal vs Union of India.
Current Legal Proceedings and Transparency Request
- Petitions Filed: Cases are ongoing in Delhi and Karnataka High Courts regarding the legality of SAHYOG.
- Call for Transparency: The Ministry of Home Affairs is urged to disclose complete details of SAHYOG's features to ensure compliance with online content regulation laws.
