The Karnataka High Court has sought the Union government's response to an appeal by X Corp challenging the legality of the Sahyog portal, a government platform for issuing content takedown orders. X Corp argues the portal bypasses the formal legal procedure and safeguards of Section 69A of the IT Act, creating a non-transparent, parallel censorship regime.
The appeal contests a 2023 notification authorizing officials to issue blocking directions through the portal, following an earlier single-judge ruling that dismissed X Corp's petition. That prior ruling stated X Corp, as a non-citizen entity, could not invoke constitutional free speech protections.
Main topics: Legal challenge to government takedown portal; alleged bypass of IT Act procedures; transparency and due process concerns; constitutional free speech rights for corporations.
The Karnataka High Court on Tuesday sought the response of the Union government on a writ appeal filed by X Corp challenging the legality of the Centreâs Sahyog portal, an online platform used to issue content takedown orders to intermediaries.
A bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha issued notice to the Centre while hearing the appeal against a single-judge order that had upheld the validity of the Sahyog mechanism. The court posted the matter for further hearing on June 11.
The appeal challenges a notification dated October 31, 2023, issued by the Ministry of Electronics and Information Technology (MeitY), which authorised government officials and police personnel to issue blocking directions through the Sahyog portal.
According to X Corp, the mechanism effectively bypasses the procedure laid down under the Information Technology Act, 2000, particularly Section 69A, which prescribes safeguards and due process for blocking online content.
The company has also questioned the creation of the portal, arguing that it allows authorities to issue takedown orders without adhering to principles of transparency and procedural safeguards.
In September last year, Justice M Nagaprasanna had dismissed X Corpâs petition challenging the portal. The court had held that the company could not claim a violation of the right to free speech under Article 19 of the Constitution, as the protection is available only to Indian citizens.
The earlier petition had argued that the Sahyog mechanism circumvented due process requirements under the IT Act and violated safeguards laid down by the Supreme Court in the Shreya Singhal v. Union of India judgment governing the blocking of online content.
The case arose after multiple takedown orders issued by the Ministry of Railways relating to posts about a stampede at New Delhi Railway Station. X Corp had sought a declaration that Section 79(3)(b) of the IT Act, under which the portal operates, does not authorise content blocking.
In its appeal, X Corp said that between January and June 2025, it received 29,118 requests from the Government of India seeking removal of posts and complied with 26,641 of them â a compliance rate of about 91.5%.
The company argued that the governmentâs reliance on Section 79(3)(b) of the IT Act along with Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to issue takedown notices has effectively created a parallel censorship regime that bypasses the statutory framework under Section 69A of the IT Act.
A bench comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha issued notice to the Centre while hearing the appeal against a single-judge order that had upheld the validity of the Sahyog mechanism. The court posted the matter for further hearing on June 11.
The appeal challenges a notification dated October 31, 2023, issued by the Ministry of Electronics and Information Technology (MeitY), which authorised government officials and police personnel to issue blocking directions through the Sahyog portal.
According to X Corp, the mechanism effectively bypasses the procedure laid down under the Information Technology Act, 2000, particularly Section 69A, which prescribes safeguards and due process for blocking online content.
The company has also questioned the creation of the portal, arguing that it allows authorities to issue takedown orders without adhering to principles of transparency and procedural safeguards.
In September last year, Justice M Nagaprasanna had dismissed X Corpâs petition challenging the portal. The court had held that the company could not claim a violation of the right to free speech under Article 19 of the Constitution, as the protection is available only to Indian citizens.
The earlier petition had argued that the Sahyog mechanism circumvented due process requirements under the IT Act and violated safeguards laid down by the Supreme Court in the Shreya Singhal v. Union of India judgment governing the blocking of online content.
The case arose after multiple takedown orders issued by the Ministry of Railways relating to posts about a stampede at New Delhi Railway Station. X Corp had sought a declaration that Section 79(3)(b) of the IT Act, under which the portal operates, does not authorise content blocking.
In its appeal, X Corp said that between January and June 2025, it received 29,118 requests from the Government of India seeking removal of posts and complied with 26,641 of them â a compliance rate of about 91.5%.
The company argued that the governmentâs reliance on Section 79(3)(b) of the IT Act along with Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to issue takedown notices has effectively created a parallel censorship regime that bypasses the statutory framework under Section 69A of the IT Act.
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