Karnataka High Court Upholds Sahyog Portal, Dismisses X Corp’s Challenge
The Karnataka High Court on Wednesday rejected a petition filed by X Corp (formerly Twitter) challenging the Central government’s Sahyog portal, a platform created to issue content takedown directions to online intermediaries.
Court’s Observations
Justice M Nagaprasanna stressed that the Sahyog portal acts as a bridge between citizens and social media platforms. He observed that:
- The portal enables cooperation between users and intermediaries.
- Social media cannot function without regulation and cannot be treated as a “playground” by global companies.
- Every sovereign nation has the right to regulate online platforms, and India is no exception.
The Court underlined that accountability in the digital sphere is essential to protect citizens’ rights.
Background of the Case
X Corp moved the High Court after the Ministry of Railways issued multiple takedown orders concerning posts about a stampede at New Delhi Railway Station. The company argued that:
- The Sahyog portal allows content removal under Section 79(3)(b) of the IT Act.
- This bypasses the due process provided under Section 69A of the Act and the Supreme Court’s ruling in Shreya Singhal v. Union of India.
- The portal lacks statutory backing and ignores procedural safeguards.
Legal Arguments
X Corp’s side: Senior Advocate KG Raghavan argued that the portal violates due process. Senior Advocate Aditya Sondhi, representing Digipub, added that a proper statutory framework is needed for such actions.
Government’s side: Solicitor General Tushar Mehta defended the portal, calling it a swift mechanism to curb illegal online content. The Centre also pointed out that X Corp, being a foreign company, cannot claim fundamental rights under Articles 14, 19, and 21 of the Constitution.
The case was titled X Corp v. Union of India (WP 13710/2022).
